MR.OLAOTAN APPAOINTMENT WAS TERMINATED BECAUSE OF COLLECTING BRIBERY

MR.OLAOTAN APPOINTMENT WAS TERMINATED BECAUSE OF BRIBERY.

BY ESTHER EGBE

Mr. Adeyemi Saliu Olaotan was employed by the Lagos State Government and Lagos State Civil Service Commission in October 1983 as a clerical officer on the grade level 04 and rose through the ranks to the position of Principal Executive Officer (Accounts) on grade level 10.

In November 2002, the claimant,Mr. Olaotan was queried for facilitating the preparation of tax relief for officer. Specifically; he was alleged to have taken bribed from some officers to assist them in processing their tax reliefs.

 He was subsequently invited by the Personnel Management Board (Disciplinary Committee) set up by the 1^st and 2^nd defendants to defend his alleged involvement in the tax scam by officers of Lagos State Civil Service committed against the 1^st defendant.

Therefore, the claimant was placed on indefinite suspension without pay by a letter dated 29^th November 2002 written by the 2^nd defendant. By another letter dated 11^th April 2003, the 1^st and 2^nd defendants terminated the claimant‘s appointment with effect from 20^th March 2003.The claimant then wrote letters of appeal to the 2^nd defendant on 23/09/04,03/01/2003 and 09/11/06 that he be reabsorbed into the civil service.Again,by another letter dated 18^th August 2010 written by the 1^st and 2^nd defendants, the claimant was informed that his appointment had been compulsorily terminated with effect from 30^th June 2005.

The case of the defendants on the pleading is that in year 2002,there were incidents of illegal computation of tax for civil servants in Lagos State and the claimant was one of the officers affected who faced disciplinary action and was dismissed from service for his involvement in the incident.

That being dissatisfied with the disciplinary action, the claimant along with some others instituted an action in the High Court of Lagos State pleaded the status of limitation in defense and judgment was entered in their favour He has filed a similar suit in this court (National Industrial Court) which amounts to an abuse of the court process.

The claimant’s counsel’s submission that the because of the action in suit is a fresh one is, therefore, unmaintained. It is the same cause of action that gave rise to the suit earlier filled at Lagos High Court by the claimant, he submission by the claimant that the ruling of the Lagos State High Court did not finally decide the issues between the parties

In the Public Officers Protection Law of Lagos State and the tenor of the decision his action cannot be competent. It is statute-barred and unmaintainable. It is liable to be dismissed.

The National Industrial Court‘s trial Judge declined jurisdiction to entertain this matter. We find and we agree with the defendants counsel that the ruling of the Lagos High Court is a final decision.

Hon.Justice B.B.Kanyip A final decision is one that cannot be varied, re-opened or set aside by the court that delivered it or any other court except on appeal.

National Industrial Court declare that the suit is incompetent, we do not deem it fit to consider the arguments of the claimant that he was not accorded the protection of the Lagos State Civil Service Rules when his employment was terminated. The reason for this is naturally the reason for which we declared the present action incompetent, which is that the claimant ought to go on appeal to the Court of Appeal. Filling an action in this court is tantamount to asking this court to sit on appeal over the decision of the Lagos State High Court, this we are incompetent to do.