Ex-worker Sues Minister, FUTH CMD Over Alleged Illegal Termination Of Appointment

A former staff of the Federal University Teaching Hospital (FUTH), Owerri, Mr Joachim Egerue has dragged the Minister of Health, Federal Ministry of Health, the Chief Medical Director and the hospital to an Industrial Court in Owerri over accusation of unlawful termination of his appointment.

The presiding judge of the National Industrial Court sitting in Owerri, Justice N.C Ogboanya has also directed the counsel to the defendants, Barr Franklin Ninis to file his defense and get ready for the substantive hearing on the suit NICN/OW/32/2024 over Egerue’s alleged unlawful sack.

Egerue was before the disengagement, a staff in charge of the Dental store at the Federal University Teaching Hospital Owerri, Imo state but was on July 1st, 2021 issued a dismissal letter by the hospital management after an audit of the dental unit which he said was conducted without his knowledge and in his absence.

The former staff also claimed that he was unfairly treated, maintaining that there was no notice of audit of the unit even as he nor his assistant, Stanley Ezinwoke were not present during the exercise.

He described the process as a violation of his constitutional right to fair hearing as guaranteed in Section 36 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

Egerue’s lawyer, Dr Chris Nwadigo prayed the court to declare as unlawful, wrongful, illegal and unconstitutional, what he described as the witch-hunting special audit report of Dental stores of December, 2020, conducted by the 2nd defendant, Federal University Teaching Hospital, Owerri, on the instructions of the 1st defendant, Dr. Kingsley Achigbu Ihedioha (Chief Medical Director) in the absence of the claimant, Joachim Egerue and without notifying him, without inviting him and without his participation or involvement or even the involvement of his subordinate in the office, Stanley Ezinwoke.

Similarly, Nwadigo argued that the letter terminating his client’s appointment issued by FUTH Owerri should be declared unlawful, wrongful, illegal and unconstitutional, saying it was based on a witch-hunting special audit report of Dental Stores of December, 2020.

He further prayed the court to declare that the failure of the hospital management in failing and refusing to give Egerue the opportunity to appear before the Appointments, Promotions and Disciplinary Committee of the Board and Federal Ministry of Health representatives of the Ministry of Health to defend himself before arbitrarily terminating his appointment was unlawful, wrongful, illegal and unconstitutional.

Nwadigo then prayed the court for an order to reinstate Egerue to his position with attendant arrears of promotions and payment of arrears of salaries, allowances, emoluments, benefits, saying his employment has statutory flavor.

Alternatively, the counsel asked the court to award the payment of N250,000,000.00 (Two hundred and Fifty million Naira) compensation to his client, Egerue.

Further, Nwadigo sought for an order directing the defendants jointly and severally to pay Egerue, arrears of salaries, allowances, emoluments, benefits in the sum of N100,000,000.00 to be computed from March, 2021 till judgment is delivered and thereafter until the judgment sum is fully liquidated.

He also prayed the court for an order directing the defendants jointly and severally to pay Egerue, the sum of N250,000,000.00 (Two hundred and Fifty million Naira) for unlawful and arbitrary termination of his appointment and the sum of N100,000,000.00 as aggravated, exemplary and punitive damages for flagrant and unlawful termination of the claimant’s profitable employment.