Industrial Court orders immediate reinstatement of CSI Daniel Makolo into Nigeria Immigration Service

Hon. Justice Edith Agbakoba of the Abuja Judicial division of the National Industrial has nullified the purported dismissal of Chief Superintendent of Immigration, CSI Daniel Makolo from the Nigeria Immigration Service and ordered for his immediate reinstatement within 30 days with payment of all his outstanding salaries, emoluments, allowances and other entitlements due to him from November 7th, 2017 when his salary was stopped unlawfully, till date without loss of rank, position and privileges as his contemporaries still in the service.

 



Justice Agbakoba held that dismissal of Daniel Makolo by the Immigration Comptroller General, Minister of Interior, Head of Service of the Federation and the Attorney General of the Federation (AGF) did not comply with the relevant provisions of the Public Service Rules and Makolo was dismissed without just cause.

From facts, the claimant- CSI Daniel Makolo had submitted that he was suspended on 7 November 2017 on alleged misconduct and prior to his suspension without pay, he was disallowed from participating in promotion examinations for years and was later dismissed via a letter, dated 25 April 2018 with the dismissal backdated to take effect from the time of his suspension in 2017.


Log in to primsol.lawpavilion.com and enjoy the best E-journals, textbooks, and many more

To subscribe to Primsol, go to store.lawpavilion.com.

For further enquiries/assistance, send an email to [email protected] or call 08050298729


Mr. Makolo averred that he was never accorded any form of fair hearing or subjected to investigations on any of the allegations levelled against him and maintained that the failure of the authorities to investigate or hear from him before dismissing him in a malicious manner violated natural justice, the provisions of the Nigerian constitution and the public service rules and urged the court to grant the reliefs sought.

In defense, the Nigeria Immigration Service anchored Mr. Makolo’s dismissal on allegations of misconduct, and urged the court to dismiss the case in its entirety for lacking merit that the dismissal of Daniel Makolo followed due process of law.

Delivering judgement after careful evaluation of the submission of both parties, the presiding Judge, Justice Edith Agbakoba faulted the action of the Nigeria Immigration Service for going ahead to suspend Mr Makolo in violation of the court’s order directing parties to maintain the status quo.

Justice Agbakoba ruled that the defendants failed to comply with the relevant provisions of the Public Service Rules in the process of dismissing Mr. Makolo from office and that the issues of discipline and termination of his employment must always be in line with the provisions of the law.

The Court further ruled that Mr Makolo was suspended and dismissed in violation of the provisions of the Public Service Rules, and therefore was null and void.

Justice Agbakoba also granted an order reinstating Mr Makolo to the employment of the defendants without loss of rank, position or privileges as his contemporaries still in the defendants’ service are now Deputy Comptroller-Generals of the Nigeria Immigration Service.




Call Bridget Edokwe Esq on 08060798767 or send your email to barristerngblog@gmail.com



The cost of the book is Seven Thousand Naira (N7,000) only. Call 08037667945 OR 08028636615 ;  or Email:princetonedu2012@yahoo.com; bookpublishing2017@gmail.com; princetonpub.com  to get your copy.




Author: Prof Theodore Okonkwo, Ph.D
: CALL: 08065159968; 08068771923: PRICES: N100,000 (SPECIAL EDITION), N60,000.00 (UNIVERSAL EDITION)


Digital Evidence and eDiscovery Law Practice in Nigeria -By Emeka Arinze Esq. [ORDER NOW] – For book cost & placing order, visit www.decfi.com.ng/order


Steps To Subscribe To the Court of Appeal Reports Nigeria


Get ‘Personal Property Law in Nigeria’ By Chief Mike A.A. Ozekhome, SAN (FREE)

Click below to download FREE

https://www.pulp.up.ac.za/monographs/personal-property-law-in-nigeria


ADVERTISEMENT

BESTSELLER: Commercial and Economic Law in Nigeria By Chief Mike Ozekhome, SAN [ORDER NOW]

To ORDER click the link

https://kluwerlawonline.com/EncyclopediaChapter/IEL+Commercial+and+Economic+Law/COMM20210001