Hon. Justice Emmanuel Subilim of the Abuja Judicial division of the National Industrial Court has ordered the Federal Government to reinstate Professor Monday Igwe as the Medical Director of the Federal Neuropsychiatric Hospital, Enugu, declaring the termination of his appointment unlawful, null and void.
The Court also voided the appointment of Dr Unaogu Nneka as substantive Medical Director of the hospital during the pendency of the suit, describing the action as overreaching and unlawful.
Justice Emmanuel Subilim held that Prof Igwe had successfully proved his case against the Coordinating Minister of Health and Social Welfare, the Minister of State for Health and Social Welfare, the Federal Ministry of Health and Social Welfare and 4 others and specifically directed that Prof Igwe be reinstated as Medical Director of the institution to complete his remaining three years and five months in office.
The court further ordered payment of Prof Igwe’s emoluments from September 2023 up to the date of the judgment.
Justice Subilim declared that the procedure adopted for the purported termination of Prof. Igwe’s appointment was arbitrary, illegal, and a fundamental breach of the mandatory statutory provisions and regulations governing his employment.
The Court further awarded the sum of N3m in favour of Prof. Igwe, the significant distress, inconvenience, reputational damage, and disruption to his career and personal life suffered as a direct consequence of the arbitrary and unlawful termination of his statutory employment.
From facts, the claimant, Prof Igwe, was first appointed Medical Director of the hospital via a letter dated April 12, 2019, for a tenure of four years. His appointment was renewed for a second term in 2023 and was later suspended from office by a letter dated September 20, 2023, an action he argued was contrary to the Public Service Rules and the Approved Disciplinary Procedure for Chief Executives of Federal Government parastatals, agencies and departments.