The Jos Division of the National Industrial Court has declared the termination of Bulus Lambert and 55 others from the Plateau State College of Health Technology by Governor Caleb Mutfwang as unlawful, null and of no legal effect.
Delivering judgement in the matter, Justice Ibrahim Galadima held that the governor has no authority under the law to suspend, dismiss, annul or interfere in any way with the employment of staff members of the institution.
The court ordered the Governor, the Plateau State Attorney General, and the Plateau State College of Health Technology to jointly and severally pay N5 million in general damages to the affected workers for the hardship, inconvenience, and emotional distress caused by the unlawful action.
An additional N500,000 was also awarded against the respondents as the cost of filing the suit, all to be paid within 30 days. Justice Galadima further directed that Bulus Lambert and the other affected staff be reinstated to their former positions in line with their letters of appointment. The judge also affirmed that employment with a statutory flavour must strictly follow the laws establishing it.
He held that being on probation does not strip the claimants of their statutory rights, and that only the Governing Council of the College and not the governor can appoint, discipline or remove staff. The court further held that the governor acted without any legal mandate, declaring the termination null and void while ordering full reinstatement of the workers.
The case arose after the governor suspended and publicly announced the dismissal of the 56 workers, following which the workers argued that their sack was illegal since the governor lacked the statutory power to terminate their appointments. They also stated they had not received salaries since January 2023.
The Plateau State Government, in its defence, argued that the workers’ appointments were invalid because the positions were not advertised and the required recruitment procedures were not followed.
It further claimed the workers were still on probation, making their case premature for adjudication. However, counsel to the claimants, Nantok Dashuwar, insisted that the governor has no power to interfere with the affairs of the College, stressing that only its Governing Council has such authority under the law.
