The National Industrial Court sitting in Port Harcourt has dismissed a suit filed against the Nigerian Communications Commission over allegations of wrongful termination, malicious instigation and defamation.
In a judgment delivered by Justice Buhari Sani of the Port Harcourt Judicial Division, the court held that the claimant, Mr. Thankgod, failed to prove the terms and conditions of his employment and could therefore not sustain his claims for wrongful termination, reinstatement and damages.
The claimant had approached the court seeking a declaration that the termination of his appointment by the Nigerian Communications Commission (NCC) through an SMS sent on January 2, 2023 was wrongful, illegal and unconstitutional.
He argued that the termination violated principles of fair hearing and due process. He also sought reinstatement, payment of accrued salaries and benefits, ₦5 million in damages for alleged malicious instigation, damages for defamation and compensation for breach of contract.
The NCC, however, maintained that the claimant’s employment was terminated during probation on the grounds of poor performance and not misconduct.
Counsel to the Commission further argued that the allegation of malicious instigation was speculative and unsupported by evidence, adding that the termination notice did not accuse the claimant of theft or any criminal conduct.
The defence also contended that the claimant’s defamation suit was outside the jurisdiction of the National Industrial Court and urged the court to dismiss the matter entirely.
In response, counsel to Mr. Thankgod argued that the termination was wrongfully procured following allegations of theft allegedly made against him and insisted that the NCC and the other defendants were proper parties to the suit.
But Justice Sani held that the claimant failed to plead and establish the specific terms of his employment or demonstrate how the defendants breached the employment contract.
On the ₦5 million claim for malicious instigation against the Zonal Coordinator, the court ruled that the evidence presented by the claimant amounted to hearsay because the supervisor allegedly linking the coordinator to the termination was not called as a witness.
The judge further noted that the termination notice itself did not mention the Zonal Coordinator.
Justice Sani reiterated that an employer is not legally bound to provide reasons for terminating the employment of a probationary staff member and that courts cannot speculate on the motives behind such decisions.
“The claimant’s attempt to link the termination to the third defendant’s complaint is pure speculation, and a claim built on speculation cannot succeed,” the court held.
The court further ruled that an employer reserves the right to terminate the appointment of a probationary employee where dissatisfied with performance.
Justice Sani also struck out the defamation claim, holding that defamation is a tort matter outside the jurisdiction of the National Industrial Court.
The court subsequently dismissed the substantive claims for lacking merit and made no order as to costs.
