1. 0  PREAMBLE

1. The House of Representatives at its plenary sitting of Thursday 10^th February, 2016, received a petition presented by Hon. Golu Timothy Simon on behalf of Mr. Adamu Abubakar against Federal College of Education, Osiele, Abeokuta on illegal stoppage and termination of his appointment from service. This petition was referred to this committee for further legislative action.

• PETITIONER’S CASE.

• The petitioner informed the Committee that he was sick on active service in 2009 and requested for annual leave to enable him travel to Jos, Plateau State to treat himself.
  • That when he got to Jos, he was admitted at Plateau State Specialist Hospital but later transferred to Victoria Memorial Hospital Jos due to strike action embarked upon by the Plateau State Specialist Hospital.
  • That while on admission letters were sent to the college informing the school authority on the loss of his hearing sign (Ear defects) and the decision of the Hospital in conjunction with Jos University Teaching Hospital referring him to India Special Hospital (Apollo Crescent, Hydrabad, India) for Cochlear Transplant.
  • That the total cost of the Cochlear Transplant was N6, 000,000.00 naira only, excluding transport and feeding, which he couldn’t afford.
  • That on preliminary discharge before he was readmitted in 2010, he visited the College along side with his elder brother (Alhaji Abdullahi Madugu) for physical assessment on his medical condition and to also request for financial assistance, but the College only advised him to submit a letter requesting for sick leave from Government Hospital, which he obliged the school with a copy.
  • That to his greatest dismay the college rather stopped his salary in July, 2010 and sent him a termination letter in April, 2011. That he went to NCCE as a supervisory body to lodge his complaint which they promised to take action, but still nothing was done.
  • That he has undergone Cochlear Implant Surgery (Ear Surgery) by U.S based Surgeon Dr. Douglas Green here in Nigeria, with progress on his hearing (by way of hearing device).
  • The petitioner in his prayers prayed that the House should compel the College to reinstate him back to his post with arrears of financial and other benefits.

2.81 That his service be transfer from FCE Abeokuta after re-instatement to either transfer him to FCE Pankshin, Kano, Zaria or where the Head of Civil Service of the Federation deems fit.

• INVESTIGATIVE HEARING

3.1 The Committee conducted Investigative Hearing on the matter on Tuesday, 15^th of May, 2018 and both parties were present and gave oral testimonies and written submission stating their various positions on the petition.

•  RESPONDENT ‘S CASE

• The provost of the college, Dr. Ajayi A.A in his submission stated that Mr. Wodung Adamu Abubakar was employed into the service of the college as an Adminstrative Officer II with effect from 3^rd April, 2006.
  • That the petitioner’s appointment was confirmed on 4^th February, 2008 and was promoted to the position of Administrative Officer I, with effect from 1^st October, 2009.
  • Dr. Ajayi further stated that Mr. Wodung A.A was a stable and healthy individual as at the time he embarked on his year 2009 Annual leave with effect from 10^th September, 2009 and was expected to resume for duty on 16^th October, 2009 after enjoying with his family in his hometown, Plateau State.
  •  That the College on the 6^th of October, 2009 received a letter from Victoria Hospital Jos informing the school authority about Mr. Wodung’s illness. The letter stated that the petitioner was brought to the Hospital by his relations on the 17^th September, 2009 and was placed on admission due to his chronic condition.
  • That the college observed that the Medical Report was from a private hospital which is not listed on the NHIS Accredited provider list. The College still honoured the report and noted the information. The school authority reacted by keeping in touch with his family through phone calls and as well informed the College Medical Director of his condition.
  • That on the 23^rd November, 2009, the medical Director informed the provost about her extensive discussion with the Doctor in charge of Victoria Memorial Hospital, Jos and the Doctor confirmed to her that Mr. Wodung’s expected date of discharged was not certain.
  • That in May, 2010, the College received another letter dated 30^th April, 2010, from the same Hospital given an update on the health of the petitioner after he might have enjoyed sick leave for a period of Eight (8) Months. This is in contravention of PSR 070318 which allows only three (3) Months from the certificate of an approved NHIS Provider.
  • That the College considered the need to put up a Medical Board to examine and ascertain whether the petitioner should be invalidated from the service. However, that could not hold due to the volatile political situation in Jos.
  • That in June 2010, the petitioner’s salary was stopped because of his long absence from duty and failure to forward medical report from approved health care provider to the College.
  • That the provost however, regretted that the college could not support the petitioner financially in his quest for further medical care since his health care provider (Victoria Memorial Hospital) was not Captured under the NHIS. The council noted the update and endorsed the actions taken on the issue by the College Management.
  • That in September 2010, Mr. Wodung A.A was accompanied to the College by one of his relations Alhaji Abdullahi Madugu a member of the college 3^rd Governing Council and pleaded to forward to the school a medical report/certificate from government hospital without further delay.
  • That without prejudice, the Governing Council at its meeting of 1^st March,2011, viewed his long and continued absence from work, which was one (1) and five Months as a misconduct and also tantamount to abscondment.
  • That the council tempered justice with mercy and opted for a soft landing approach and approved that the petitioner’s appointment be terminated with effect from September, 2010. It equally directed that the withheld salary from June, 2010 to September, 2010 be released to the petitioner in lieu of notice.

• COMMITTEE FINDINGS

• The committee after a careful perusal and consideration of all the material facts in this matter came up with the following issues for determination.
  • Whether the College at any time received a letter from Victoria Memorial Hospital and Plateau State Specialist Hospital, Jos informing the school authority about Mr. Wodung’s illness.
  • Whether due process was followed in the termination of the petitioner’s appointment.
  • Whether the Respondent, Dr. Ajayi A.A, Provost, Federal College of Education, Osiele, Abeokuta admitted that the College could not put up a Medical Board to examine the petitioner due to the volatile political situation in Jos which made the place unsafe for the scheduled visit of the Medical Board.
  • The Respondent regretted that the College could not support the petitioner financially for further medical care, but rather stopped his salary in June 2010, because of his absence from duty. The petitioner was issued termination letter with effect from September, 2010 and the college directed that his withheld salary from June to September 2010, be released to him in lieu of notice.

• COMMITTEE RECOMMENDATION
  • Having gone through the above findings and observation, the Committee recommends the House to;

i. Urge the provost, Federal College of Education Abeokuta, Dr. Ajayi to reinstate Mr. Wodung Adamu Abubakar back to the Service of the School as due process was not followed in his termination.

ii. That the petitioner should be promoted to be at par with his Colleagues in office as well as payment of arrears of salaries, benefits and his entitlement

Rep. Uzoma Nkem Abonta                       Omale A. Adoyi

Chairman                                                Committee Clerk