Over 100 teachers of the Department of State Service (DSS) owned primary and secondary schools, Community Staff Schools, Asokoro, Abuja, were sacked yesterday.
WazobiaReporters gathered that the teachers were sacked via a letter dated November 2, 2020 and signed by M. O. Onyilo,
Executive Secretary of the Community Staff Schools.
Though effect of COVID-19 on the Nigerian economy vis-a-vis the crippling financial situation in the school was adduced as reason for the termination of appointments of the teachers, sources told WazobiaReporters that the teachers were sacked because they insisted on joining the Nigeria Union of Teachers (NUT).
The disengagement letter read; “Due to the effect of COVID-19 on the Nigerian economy vis-a-vis the crippling financial situation in the school, I am directed to convey the Director General, State Services (DGSS)/Proprietors’ approval to disengage you from the services of the school with effect from 3rd November 2020. Meanwhile, you are expected to handover all school properties in your custody to the Secondary School Secretary.
“You may wish to contact your Pension Fund Administrator (PFA) for your benefits. The Proprietor wishes you well in your future endeavours, please.”
However, WazobiaReporters was told that the teachers wanted to freely join the NUT, but the school management under the DSS will not allow that.
NUT took the management to Industrial Court on behalf of the teachers and won. The management appealed the judgment and the appeal was thrown out in 2018 for lack of merit as it was against Section 40 of CFRN 1999.
The National Industrial Court also restrained the management of the schools perpetually from dismissing, disengaging, locking out or terminating the appointments the teachers for engaging in activities as members of the NUT without complying with the Public Service Rules.
“The teachers were said to have started a new agitation to join the NUT few weeks ago, the management invited DSS men to quell that including shooting of tear gas and gun shots. Only for the management to sack all of them after work today and asked the school children to stay away for two weeks,” a source said.
It should be recalled that on December 14, 2009, the NUT had approached the National Industrial Court seeking;
1. A DECLARATION that members of the Plaintiff in the employment of the 1st Defendant at the Community Staff Schools, Asokoro are public servants within the intendment of the provisions of the Constitution of the Federal Republic of Nigeria, 1999 and by virtue of their contract of employment.
2. A DECLARATION that members of the Plaintiff in the said employment of the 1st Defendant are entitled to enjoy the Conditions of Service applicable to all persons employed by the Federal Civil service Commission.
3. A DECLARATION that the members of the Plaintiff in the said employment of the 1st Defendant at the Community Staff Schools are entitled to associate freely as members of the Nigeria Union of Teachers without any threat, harassment and intimidation by the Defendants and their officers, agents, subordinates and privies.
4. A DECLARATION that the suspension of the promotion exercise in the Community Staff Schools by the Defendants on the ground that some members of the Plaintiff in the said school have unionized staff of the Community Staff Schools is an atrocious violation of section 40 of the Constitution of the Federal Republic of Nigeria and is therefore unlawful, unconstitutional, oppressive, and unfair.
5. A DECLARATION that the act of the Executive Secretary of Community Staff Schools ordering the members of the Plaintiff in the employment of the 1st Defendant to remove Tee-Shirts bearing the inscription of the Plaintiff during the celebration of the World Teachers’ Day is a violent violation of their fundamental right to associate freely guaranteed by section 40 of the Constitution of the Federal Republic of Nigeria, 1999 and is therefore unlawful, unconstitutional and grossly unfair.
6. AN ORDER of perpetual injunction restraining the Defendants whether by themselves, officers, subordinates, agents, privies, representatives,
associates or anybody acting on their behalf howsoever from in any way curtailing or abridging the free exercise of the right of the members of the -Plaintiff in the-employment-of the 1st Defendant to associate freely and from issuing any threat to discipline them for the exercise their trade union rights.
7. AN ORDER of perpetual injunction restraining the Defendants whether by themselves, officers, subordinates, agents, privies, representatives, associates or anybody acting on their behalf howsoever from dismissing, disengaging or terminating the employment of or disciplining members of the Plaintiff in the 1st Defendant’s employment or locking out the members of the Plaintiff in its employment at all or on the basis of their activities in the Plaintiff and without complying with the existing Public Service Rules or Civil Service Rules.
Delivering his judgement on September 17, 2014, Justice B. A. Adejumo, said; “Considering all the reasons that I have given including the authorities that I have made reference to above, I hereby declare and order as follows:
1. That members of the Claimant in the employment of the 1st Defendant at the Community Staff Schools, Asokoro are public servants within the intendment of the provisions of the Constitution of the Federal Republic of Nigeria 1999 as amended and by virtue of their contract of employment.
2. That the members of the Claimant in the employment of the 1st Defendant at the Community Staff Schools, Asokoro are entitled to enjoy the conditions of service applicable to all persons employed in the public service of the Federation of Nigeria.
3. That the members of the Claimant in the employment of the 1st Defendant at the Community Staff School, Asokoro are entitled to associate freely as members of the Claimant without any threat, harassment and intimidation by the Defendants, their officers, agents, privies or subordinates.
4. That the act of the Executive Secretary of the Community Staff Schools ordering the members of the Claimant in the employment of the 1st Defendant to remove Tee-Shirts bearing the inscription of the Claimant during the celebration of the World Teachers’ Day is a violation of their fundamental human right to associate as guaranteed by section 40 of the Constitution of the Federal Republic of Nigeria 1999 as amended,
5. The Defendants, whether by themselves, officers, agents, subordinates, privies, representatives, associates or anybody acting on their behalf howsoever, are hereby restrained perpetually from in any way curtailing or abridging the free exercise of the right of the members of the Claimant in the employment of the 1st Defendant at the Community Staff Schools, Asokoro to associate freely with the Claimant.
6. The Defendants, whether by themselves, officers, agents, subordinates, privies, representatives, associates or anybody acting on their behalf howsoever, are hereby restrained perpetually from dismissing, disengaging, locking out or terminating the appointments of the members of the Claimant 1st Defendant at the community Staff Schools, Asokoro for engaging in activities as members of the Claimant; and without complying with the Public Service Rules.
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