Court Slams DG Arts Gallery With N1m Fine, Orders Promotion, Payment Of 1-Year Salary Arrears To Staff Member

The National Industrial Court has ordered the the National Gallery of Arts, its management board and Director General, Mr Ebeten Ivara, to forthwith release the promotion of Mr. Adesoji Adewunmi to Assistant Director on grade level 15.

The court also ordered the management to pay Adesoji his salary from May 2022 to date together with arrears of his promotion reading from January 1st, 2022.

In court documents seen by THE WHISTLER, the claimant’s lawyer, Anthony Itedjere had in 2022 asked the court to determine whether the DG had the discretion and constitutional powers to withhold his promotion letter since 2022 after the management board had approved his promotion from grade 14 to grade 15 with effect from January 2022.

According to the lawyer, the DG withdrew his client’s promotion letter on the allegation that he was involved in examination malpractice during the promotion examination held in September 2021.

The lawyer further alleged that the DG’s claim of examination malpractice was not true because based on global best practices in public institutions, a query ought to have been issued to his client immediately after the examination.

He added that no query was made available to his client since then till now, adding that the promotion letter remained withdrawn while the claimant was deployed to work under a junior colleague.

On their part, the respondents urged the court to decline jurisdiction on the application.

They maintained that the suit was speculative and amounts to abuse of court process.

Justice O.Y. Anuwe, in his judgment on May 25, held that the evidence or exhibits provided by the claimant substantiates his claim that his promotion was approved but was yet to be released or effected.

The court also held that affidavit evidence shows that the claimant’s salary was stopped since mid-2022.

On the respondents’ argument that the suit amounts to abuse of court process, the judge dismissed it, holding that a person or staff has a right to bring his grievance to court.

Subsequently, the court ordered the restoration of the claimant’s promotion while approving his full salary among other financial benefits.

The order partly reads,” It is declared that due process as provided in the Section 36 of 1999 Constitution of Nigeria and the Public Service Rules was not observed by the Defendants by withholding the promotion letter of the Claimant since March 2022 and his salary from May 2022 and all such actions are therefore unlawful, illegal, null, void and of no legal consequence.

“It is declared that by virtue of Section 36 of 1999 Constitution of Nigeria and the Public Service Rules, the Defendants lack the vires to withhold the full monthly salary of the Claimant from May 2022 and same is therefore unlawful, illegal, null, void and of no legal consequence.

“It is declared that the withholding of the Claimant’s promotion letter since 1st March 2022 and full Monthly Salary from May 2022 despite the approval and recommendation of promotion of the Claimant by the 2nd Defendant is a violation of the 1999 Constitution of Nigeria and the Public Service Rules and same is null, void and of no legal consequence.

“An order is made setting aside the withholding of the Claimant’s promotion letter dated 1st March 2022 and his full monthly Salary from May 2022.

“An order is made directing the 1st, 2nd and 3rd Defendants to jointly pay the sum of N1,000,000 only to the Claimant as general damages for the instability they have caused the Claimant.

“An order is made directing the 1st, 2nd and 3rd Defendants to forthwith release the promotion letter of the Claimant to Assistant Director on grade level 15 to him and to pay him his salary from May 2022 together with arrears of his promotion from 1st January, 2021.”