Court strikes out JAMB worker’s suit for failure to tender condition of service
March 16, 2018
The National Industrial Court, Abuja, on Friday struck out a suit filed against the Joint Admission and Matriculation Board (JAMB), for failure of the claimant to tender terms and conditions of his service.
The claimant, Abdullahi Shehu, approached the court to declare his dismissal unlawful, reinstate him, as well as order payment of his salaries and entitlements.
In her judgment, Justice Rakiya Haastrup ,said the failure of the claimant to tender the said terms and conditions of service as material evidence of fact to determine whether or not his dismissal was unlawful has truncated his case.
Haastrup further said that the inability of the claimant to present the condition of service made it difficult for the court to determine whether or not the conditions were breached in his dismissal.
Mumini Hanafi, the claimant’s counsel told the court that his client’s dismissal was unlawful because his employment letter states that ” the board will review his employment from time to time”.
Hanafi in addition said as at the time the claimant was dismissed, JAMB did not have a governing board, therefore, the terms and conditions of service as stipulated by his employment letter was breached.
Adedoyin Adejunmobi, the defence counsel, in his submission said the claimant was dismissed over his engagement in unauthorised admission regulation exercise in 2016.
He said that the claimant was issued a query, faced a disciplinary panel which indicted him and was subsequently dismissed from the service of the board.
NAN recalls that a similar suit filed against JAMB by a dismissed worker was struck out on Tuesday by the same court over the failure of the claimant to tender his employment letter.