Court Nullifies TCN Disciplinary Committee Proceedings, Terms Extended Interdiction “Unfair Labour Practice”

Hon. Justice Emmanuel Subilim of the Abuja Judicial Division of the National Industrial Court has ordered the Transmission Company of Nigeria to pay Dr. Otaru the balance of his unpaid salaries during the period of interdiction from 24th April 2024 to 24th June 2024 with the sum of N600,000 general damages.

The Court restrained Transmission Company of Nigeria from relying on the proceedings of the Disciplinary Committee to interfere with Dr. Otaru’s employment rights while in the company’s employment.

From facts, the claimant- Dr. Otaru had submitted that during his suspension on alleged misconduct, he had a promotional interview, which he performed well but the agency failed to promote him.

Dr. Otaru averred that the two-month interdiction period as provided in the conditions of service has lapsed, yet the Transmission Company of Nigeria is yet to substantiate any case against him. Dr. Otaru stated that unless the Court orders otherwise, the defendant would go ahead to terminate his employment without giving him a fair hearing.

In defence, the defendant, Transmission Company of Nigeria, maintained that Dr. Otaru was interdicted to allow a proper investigation to be carried out without interference. And that the promotion is subject to vacancy.

Transmission Company of Nigeria averred that the disciplinary process is not restricted to a two-month period and that the disciplinary process is yet to be completed; it therefore urged the Court to dismiss Dr. Otaru’s claim as being baseless and lacking in merit.

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Transmission Company of Nigeria’s counsel equally contended that judicial intervention at this stage would disrupt the proper functioning of the internal process and burden the Court with speculative grievances.

In opposition, Dr. Otaru’s counsel, Ayuba Abdul Esq posited that the two-month period contained in the conditions of service for interdiction is strict and makes no provision for an extension, and urged the Court to grant the reliefs sought.

In a counter move, the learned Counsel to Transmission Company of Nigeria maintained that the expiration of the 2-month interdiction period does not in any way vitiate the disciplinary procedures outlined in the Conditions of Service, and urged the court to dismiss the case in its entirety.

In a well-considered judgment, the Presiding Judge, Justice Emmanuel Subilim held that Transmission Company of Nigeria duly followed the outlined procedure for staff discipline as provided in its Conditions of Service on Dr. Otaru interdiction that it is too late in the day for Dr. Otaru to turn around and state that he was denied the right to fair hearing by the Transmission Company of Nigeria or through its Disciplinary Committee.

However, the Court faulted the action of Transmission Company of Nigeria not to have call back Dr. Otaru to resume in his duty post after two-month interdiction period had elapsed, and declared the same as an unfair labour practice.

Ruling under the inherent jurisdiction of the Court, Justice Subilim nullified the proceedings of the Disciplinary Committee for being an unfair labour practice, and restrained the Transmission Company of Nigeria from relying on the proceedings of the Disciplinary Committee to interfere with the employment right of Dr. Otaru while in the employment of the Transmission Company of Nigeria.

“I frown at the tendency for others to see labour as a commodity, and this is what usually and readily gives birth to the abuses usually associated with our workplace. And so I see work as not just the means by which we obtain the resources needed to put food on our table, it is also a source of our personal identity and dignity.” The Court Ruled