Court dismisses NAFDAC employee’s salary claims for lack of merit

The National Industrial Court, Abuja, on Monday dismissed a suit filed by Ndubueze Uchechukwu, an employee of the National Agency for Food and Drug Administration and Control (NAFDAC) for lacking in merit.
Mr Uchechukwu had filed a suit against NAFDAC challenging the agency’s decision to unofficially stop the payment of his salary in November 2011, even though he was never sacked and his pension scheme was still running.
Delivering judgment, Justice Zaynab Bashir held that NAFDAC legitimately stopped the payment of the claimant’s salary when he stopped working on December 9, 2010.
The Judge further held that the claimant did not deserve any salary payment from March 2012 to date, as claimed, noting that the basis for salary was work.
Ms Bashir, therefore, dismissed the case for lack of merit, stressing that the defendant did not resume work in Maiduguri as directed by his employer.
“Bearing the foregoing in mind, I reckon that there are other employees of the defendant in the said Maiduguri and I cannot agree any less with the counsel to the defendant.
“In all, what is deducible from the combination of Exhibits, which are the letters written by the claimant to the DG, is that the claimant had stayed away from work since Dec.9, 2010.
“He did not resume at the Maiduguri office at all and also stopped working at the Port Harcourt office where he was before the posting,” the judge ruled.
The claimant had averred that he had yet to recover from the traumatic effect of a kidnap incident when he was hurriedly transferred to Maiduguri.
He had also posited that due to the fear of a repeat of the kidnap incident, he did not resume in Maiduguri, upon which he was queried.
The claimant’s counsel, N. Choko, had in his submission averred that the defendant was duty bound to provide a safe working environment for his client.
Mr Choko argued that the defendant ought not to have forced a traumatised staff into a war zone, urging the court to grant all the reliefs sought by his client, since he was not sacked officially by NAFDAC.
NAFDAC’s counsel, M. Abutu, had in his submission, objected to the suit on the ground that the suit was an abuse of court process, as the claimant had filed another suit which was pending at the Federal High Court.
Mr Abutu also submitted that the failure of the claimant to serve a pre-action notice made the suit to lack merit and urged the court to dismiss it.
He had further argued that the conduct of the claimant was a willful disobedience to the lawful directive of his employer, stressing that he was aware of the implication of such disobedience.
(NAN)
More from Peoples Gazette

Economy
NGX opens week with N153 billion loss on MTNN, Nestle loses
The market breadth closed negative with 21 losers as against 19 gainers.

Rights
SSS arraigns teenage girl over nude video of retired civil servant
Earlier charged by the SSS and granted bail by a Bayelsa High Court, the secret police refused to release her.

Education
U.S. trains 50 Lagos teachers on STEM teaching methods
Organised by the U.S. consulate in Lagos, the workshop was led by instructors from the U.S. Global Air Drone Academy.

Uncategorized
Food Security: AU, Nigeria partner to empower smallholder farmers
The project seeks to build the capacity of smallholder farmers to be able to produce more to feed Nigerians.

Agriculture
Food Security: AU, Nigeria partner to empower smallholder farmers
The project seeks to build the capacity of smallholder farmers to be able to produce more to feed Nigerians.

World
German president marks first transport of Jews 80 years ago
The systematic deportation of Jews from other locations in Nazi-ruled Germany began on October 1941.