National Industrial Court of Nigeria sitting in Abuja has ordered the Comptroller General of Immigration Service and others to promote Adeyemi Oluwafemi Badiru to the rank of his mates within seven days.
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The court held that degrading treatment meted on the claimant by the defendants was in breach of his fundamental Human Right to dignity of human person.
Justice R.B. Haastrup made the order while delivering judgment in a suit filed by Badiru to challenge his delayed promotion.

The court declared that the disciplinary procedure adopted by the defendants against the claimant is illegal, wrongful, unlawful, null and void and of no effect

Badiru had in the suit marked no NICN/ABJ/136/2023, prayed the court for a declaration that the disciplinary procedure adopted by the defendants against him.”

“which was commenced on August 28, 2019 vide a query, Reference NO: NIS/PPT-IFC/P/25177/VOL1/010 and which has continued beyond the lawfully permitted 60 days which Section 030307(xiii) of the Public Service Rules, provides for is wrongful, unlawful, illegal, null and void and of no effect whatsoever.

The claimant vide an originating summons dated and filed May 18, 2023 asked the Court to determine to wit; having regard to the provisions of 030307 (xiii) of the Public Service Rules, whether the court will not be right to dismiss the disciplinary action against the claimant.
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Aside from the Comptroller General of Immigration, other respondents in the suit are: Nigerian Immigration Service, Civil Defence Fire, Immigration & Correctional Service Board, Senior Staff Disciplinary Committee, Nigerian Immigration Service and Comptroller of Immigration Service Discipline and awards as first to fifth respondents respectively.
 
Justice Hastrup said the court is a labour court of justice, which will never encourage a lingering disciplinary procedure that is capable of being perceived as punishment against an employee.
 
The judge said, among others: “This is against best labour practice and must be frowned on. It is on this backdrop that I find the unnecessarily prolonged disciplinary procedure against the claimant orchestrated untold hardship especially health wise as can be deduced from evidence before me.”

The court, after citing a plethora of decided cases, held that the claimant had succeeded substantially in his claims before the court, and awarded cost in favour of the claimant.

“It is on this front that I find claimant’s relief in that regard to be meritorious and the sum of N1 million only is made in favour of the claimant. I so hold,” the judge ruled.
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