A suspended member of staff of Oil and Gas Free Zone Authority, Funmilayo Omosule, has urged the National Industrial Court, Abuja, to set aside his purported suspension and order his reinstatement.
Omosule was purported suspended through a board resolution FZA/P/088 dated April 18, 2011 and addressed to one Olufumnilayo O. Fumni.
The claimant’s counsel, Mr Joseph Tobi, made the processes available to the News Agency of Nigeria (NAN) in Abuja on Wednesday.
The claimant also urged the court to make an order mandating the respondent to pay his outstanding salaries and allowances due to him since April 2011 when the purported suspension took effect.
Omosule also asked for a mandatory order for his placement on grade level 17 and or position and grade level his mates who were Managers like him in April 2011 occupied presently in the company.
The claimant said that as at the time he was falsely relieved of his position, there were vacancies for General Managers in the respondent’s authority , which he served meritoriously for 21 years.
He said that letter bearing file number FZ/P/088 dated April 18, 2011 issued to Olufumilayo.O. Funmi notifying same of the respondent’s resolution suspending him from work was not addressed to him.
The claimant declared that his names known to the respondent upon employment which had not changed was Funmilayo David Omosule.
He contended that the purported suspension vide letter reference No FZA/P/088 dated April 18, 2011 addressed to Olufunilayo .O. Funmi was wrongful, oppressive, unjustifiable and should be made null and void.
Omosule also sought a declaration that the stoppage of his salaries and allowances on the basis of the purported suspension letter amounted to a nullity.
He said he was employed as a Manager Administration on Salary GL 12/4 with effect from Jan. 1, 2008.
The claimant said further that upon employment he was posted to head the Abuja office of the defendant as Manager, Abuja Liaison office.
He said by his letter of employment, claimant’s employment was made subject to all the conditions of service stipulated in the authority’s General Administration Manual and other instructions that might be issued from time to time.
Omosule, therefore, said that after serving the probation period his appointment with the respondent was confirmed, adding that he had earned a permanent employment status after his confirmation.
He maintained that at the time of his employment and through the years he had been in the employment he bore, Funmilayo David Omosule, as contained in his academic credentials and official file.
The claimant said except the purported suspension letter, all the letters he and respondent had exchanged, before and after, described the claimant as Fumnilayo David Omosule.
The respondent, through its Counsel, Mr Paul Erokoro (SAN), filed a notice of preliminary objection, urging the court to strike out the suit.
The Oil and Gas Free Zone Authority urged the court to declare that the suit was statue barred because the suit was instituted after the expiration of three months from when the act being complained of occurred.
Erokoro maintained that Section 2 of the Public Officers Protection Act mandated all actions against public officers and public institutions to commence within three months after the occurrence of the act.
The respondent also argued that the court lacked the jurisdiction to entertain a suit seeking redress for a public officer’s act after the expiration of three months thereof.
The matter, which started at the Federal High Court, was transferred to National Industrial Court.
The claimant’s counsel, Tobi, filed the matter on April 18, 2016 and was heard by Justice Ebeye Isele on Oct. 4
Isele had urged the claimant and the respondent to go and settlement the matter out of court, and adjourned the hearing of the preliminary motion in the advent of failure of settlement till Nov. 2