Court Awards Ex-FRSC Officer N5.19m, Declares 2012 Dismissal Unlawful

The National Industrial Court of Nigeria has ordered the Federal Road Safety Corps (FRSC) to pay a former officer, Omopariola David, N5.188 million after holding that his 2012 dismissal was unlawful.

The trial judge, Justice K.D. Damulak also awarded the claimant N4,488,400 as outstanding salaries, N500,000 as general damages, and N200,000 as costs of the suit.

The judge, in his judgment, held that the claimant’s employment, which is protected by statute, was unlawfully terminated on the grounds that his services were no longer needed.

David had approached the court seeking a declaration that his termination, allegedly based on accusations of corruption and abuse of office, was unlawful.

He stated that he joined the FRSC in February 2007 and served across various commands, including Ilorin, Ado-Ekiti, Oyo, Kwara, and Ogun states.

The claimant recounted that in 2011, he and members of his patrol team were accused of collecting bribes while on duty.

He also claimed that they were arraigned before the Federal Discipline Court, which discharged and acquitted them on 7 March 2012, and recommended their reinstatement.

David had also informed the court that despite the panel’s decision, he was denied access to his command when attempting to resume duty.

The claimant also stated that he was later posted to the FRSC Sector Command in Abeokuta, where he worked for about three months before receiving a letter terminating his appointment.

He further claimed that in 2020 he discovered that the FRSC had reinstated him. Subsequently, he resigned and demanded payment of his outstanding salaries and entitlements.

In its defence, the FRSC admitted that the claimant had been cleared by the disciplinary panel but argued that his appointment was validly terminated in July 2012 after reviewing the panel’s report.

The Corps also contended that his later reinstatement was conditional, and that he, along with other affected officers, was required to forfeit salaries and benefits for the period they were out of service.

Justice Damulak rejected this argument, ruling that the termination, on the basis that the claimant’s “services were no longer required,” was unlawful given the statutory nature of his employment.

The judge held that reinstatement legally involves returning an employee to their former position with retrospective effect, including entitlement to salaries and benefits for the wrongful period.

The court also ordered the FRSC to pay the claimant salaries from August 2012 to September 2020, amounting to N4,488,400 for 98 months at a monthly salary of N45,800.

However, the court dismissed the allegation that the FRSC continued to receive his salaries from the Federal Government and misappropriated the funds, ruling that evidence did not support this.

Justice Damulak also struck out the FRSC’s preliminary objection, noting it had been abandoned and that issues concerning pre-action notice and the Corps’ juristic personality were properly pleaded in its statement of defence.

The court ordered the FRSC to pay the judgment sum within 21 days, with an interest rate of 10 per cent per annum accruing until full payment is made.