The National Industrial Court sitting in Portharcourt has declared the Abia State Civil Service Commission circular dated August 25, 2011, which transferred the services of Mrs. Anikwendu from the Abia State Civil Service on the grounds that she is not an indigene of the state, as discriminatory, unconstitutional, null, and void.
Delivering judgment, the Presiding Judge of the Portharcourt Judicial Division, Hon. Justice Faustina Kola-Olalere, held that the circular contravened Section 42 of the Constitution of the Federal Republic of Nigeria, 1999, and did not comply with the Abia State Government Public Service Rules.
The court found that Mrs. Anikwendu was not properly disengaged from the Abia State Civil Service Commission, describing the purported disengagement as unconstitutional. The judge emphasized that her employment was protected by statutory provisions, meaning her removal must strictly follow due process.
According to court records, Mrs. Anikwendu had argued that her employment was unlawfully terminated and that the Abia State Universal Basic Education Board, which issued the disengagement letter, lacked the legal authority to do so. Her counsel, Wisdom Chude Esq, maintained that the actions of the Governor of Abia State, the Abia State Civil Service Commission, and others in removing his client from office based on her non-indigene status were unconstitutional.
Chude urged the court to safeguard her constitutional rights, declare the action illegal, reinstate her, and order the payment of her arrears of salaries and emoluments.
In defense, the Executive Governor of Abia State, the Civil Service Commission, the Abia State Universal Basic Education Board, and the Attorney General of Abia State argued that her case was barred by the provisions of the Abia State Public Officers’ Protection Law, the Limitation Law of Abia State, and the Limitation Law of Rivers State 1999. They urged the court to dismiss the suit, describing it as stale and incompetent.
They further submitted that Mrs. Anikwendu could not claim continuing injury because the alleged wrongful act occurred in 2011, while the case was only filed in 2024.
However, her counsel countered that limitation laws could not protect defendants who acted outside their constitutional duties, urging the court to reject the objection.
In her ruling, Justice Kola-Olalere dismissed the preliminary objection, holding that the actions of the governor, the civil service commission, ASUBEB, and the attorney general were not protected by the cited limitation laws because they acted outside the scope of their official powers.
The court described the defendants’ actions as prima facie violations of Section 42 of the 1999 Constitution and not in execution of any lawful state policy or authority.
The judge stressed that Mrs. Anikwendu’s position was one with statutory protection and that any disengagement must strictly follow the Abia State Public Service Rules, which was not done in this case.
Consequently, the court set aside the disengagement and ordered her reinstatement to her position with effect from the date of her removal.
Justice Kola-Olalere also ordered the payment of all her outstanding salaries and allowances from the time of her unlawful disengagement.
“I hereby order that the defendants shall pay the total judgment sum, including the cost of this action to the claimant within three months from today. If, after three months, the defendants still fail to totally pay the judgment sum, the judgment sum or the balance thereon shall attract annual interest of 15% until the judgment sum or its balance is fully liquidated,” the judge ruled.
This ruling reinforces the constitutional protection against discrimination based on state of origin and reaffirms that public service rules must be followed when terminating employment in the civil service. It also sets a precedent on the limits of the Public Officers’ Protection Law when actions are taken outside constitutional authority.
