Staff Floors NIMASA As Court Orders Reinstatement

A Director of Personnel and Administration on grade level 17, level 6, employed via a letter of employment dated March 3, 2023, Mr. Felix Bob Nabena has floored his employer, the Nigerian Maritime Administration and Safety Agency (NIMASA) as the National Industrial Court of Nigeria (NICN) sitting in Lagos reinstated him into his position.
Nabena who was hitherto a staff of Shell Petroleum Development Company (SPDC) was among other employees in the agency demoted on the basis of what it called “proper placement” following a report made by a Federal Ministerial Committee.
His trouble with NIMASA started when the agency implemented recommendations of a Federal Ministry of Transportation report on the Ministerial Committee on personnel matters in NIMASA Volume 1 Main Report submitted to the Permanent Secretary of the ministry and dated October 2015.
The committee among other things recommended for the downgrading of Nabena to the position of Chief Commercial Officer on Grade Level 14 with effect from 10th March, 2015.
Apparently dissatisfied by the decision taken by NIMASA in collaboration with the ministry, the claimant sought redress at the NICN which after a prolong trial spanning 8 years gave judgment in his favour.
The trial judge, Justice Ignatius G. Nweneka in a judgment witnessed by Maritime Bits nullified the recommendations of the committee even as he declared them null and void.
Citing several cases to support his judgment, Justice Nweneka granted all the reliefs sought by the claimant except one.
The relief which remains the claimant claims from the defendant are as follows:

1. A declaration that recommendations of the committee set up in September 2015, by the defendant in conjunction with the Federal Ministry of Transportation to review the employment of the claimant and which committee produce a report contained in a document titled: Federal Ministry of Transportation Abuja report of the Ministerial Committee on personal matters in NIMASA Volume 1 Main Report is unlawful and constitutes a breach of the contract of employment of the claimant.
2. A declaration that the report of the said committee set up in September 2015 by the defendant in conjunction with the Federal Ministry of Transportation to review the employment of the claimant with the defendant contained in titled: Federal Ministry of Transportation, Abuja report of the Ministerial Committee on personal matters in NIMASA Volume 1 is ultra vires the powers of that committee.
3. A declaration that the failure of the defendant to give the claimant a hearing before the production of the report contained in a document titled: Federal Ministry of Transport Abuja report of the Ministerial Committee on personal matters in NIMASA Volume 1 by the committee set up in September 2015 by the defendant in conjunction with the Federal Ministry of Transportation to review the employment of the claimant is unlawful and amounted to a breach of fair hearing.
4. An order of the perpetual injunction restraining the defendants, agent privies or whosever, from giving effect to the report of the committee set up in September 2015 by the defendant in conjunction with the Federal Ministry of Transportation to review the employment of the claimant is unlawful and which committee produce a report contained in a document titled: Federal Ministry of Transport Abuja report of the Ministerial Committee on personal matters in NIMASA Volume 1
5. An order of the perpetual injunction restraining the defendants, agent privies or whosever, from further engaging in any acts that would amount to a breach of the contract of employment the claimant has with the defendant.
6. The sum of N10, 000, 000 being damages on occasion to the claimant by the said aforesaid acts of the defendant.
7. The costs of this action on full indemnity basis.
   Justice Nweneka granted the claimant relief 1, 2, 3, 4, and 5 while declining relief 6.
   On relief 7, the judge asked both parties to bear the cost of the litigation by themselves as he declined to award any cost to the claimant.
   The NICN statement of the material facts obtained by Maritime Bits showed that the claimant was at all times material to this suit employed by the defendant as Director of Personnel and Administration in Grade Level 17, Step 6 vide a letter of employment dated March 17, 2015.
   It stated that sometime in September 2015, the defendant in conjunction with the Federal Ministry of Transportation (which is the supervising ministry of the defendant) set up a committee to review the employment of the claimant.
   “The committee came up with recommendations contained in a document titled: Federal Ministry of Transport Abuja report on the Ministerial Committee on personal matters in NIMASA Volume 1 Main Report submitted to the Permanent Secretary Federal Ministry of Transportation and dated October 2015 which among other things recommended for the downgrading of the claimant to the position of Chief Commercial Officer on grade level 14 with effect from 10th March 2015.
   “The report of the committee was presented to and approved by the Minister of Transport and was then transmitted to the defendant fir implementation, and the Claimant states that the downgrading and indeed the constitution of the committee and its deliberation on the issues relating to its employment a beach of his contract of employment with its defendant, natural justice and his right to fair hearing”, it added.
   An elated Nabena told Maritime Bits shortly after the judgment that he cannot quantify the challenges he has passed through in the hands of the defendant since the case started eight years ago just as he praised God for making it possible for him to get justice at last.