- PREAMBLE
- The House of Representatives at its sitting on Tuesday 18th May, 2017, received a petition from Hon. Henry Nwawuba, on behalf of Ezinne Anyanwu against Federal Road Safety Commission (FRSC) on the unlawful termination of her appointment and unfair human right abuse by FRSC
- PETITIONER’S PRESENTATION
2.1 The petitioner Ezinne Anyanwu in her presentation stated that she joined the employment of FRSC on 28th February, 2012 and her employment was unlawfully terminated on 8th January, 2013, without due regard to the condition of service and rule of fair hearing.
2.2 That the termination of her appointment by FRSC was based on the allegation that she intentionally and wilfully contracted marriage which is contrary to section 2 (3) of the reviewed Federal Road Safety Commission Condition of Service of July 2007.
2.3 That she was never married before or after her appointment with the Commission.
2.4 That her appointment with the Commission occurred after a successful Officer Basic Course (OBC) which commenced on 28th December, 2011 to 28th February, 2012.
2.5 That she was posted to Onitsha Unit Command and later to Awka Sector Command, upon which a malicious intelligence report, and a panel of inquiry was set up to investigate the allegation that she was married without approval.
2.51 That the panel returned a verdict of not maimed on her and instead of being absorbed by the Commission, the petitioner was court marshalled for an alleged scandalous behaviour amounting to unbecoming of a gentleman and an officer of the Commission.
2.6 That while the trail was on going and before the disciplinary court reached a verdict, she was issued a letter, terminating her appointment by the management of FRSC
2.7 PETITIONER’S PRAYERS
2.71 The petitioner is requesting for intervention of the Committee for her reinstatement back to the service of FRSC.
2.72 That the management of FRSC should pay her the arrears of her salaries, entitlement and benefit from 8th January, 2013 to date
2.73 That the Committee should restrain the management of Federal Road Safety Commission from any form of discrimination based on sex and marital status which is contrary to her fundamental human right.
3.0 INVESTIGATIVE HEARING
3.1 The Investigative Hearing of the matter was concluded after several hearings with both parties appearing to make both oral and documentary presentation in defence of the issue at stake.
4.0 PRESENTATION BY THE FEDERAL ROAD SAFETY COMMISSION (FRSC)
4.1 According to the presentation by Dr. Boboye Oyeyemi (The Corps-Marshal General of FRSC) he told the Committee that ex-staff Ezinne Anyanwu was enlisted into the service of FRSC in March 2012 and she tendered a medical report from a Government owned Hospital that she was physically and mentally fit for the purpose of training as a cadet
4.2 That due to the stressful nature of the physical training, persons with serious health challenges and pregnancy is not employed in FRSC
4.3 That the petitioner failed to disclosed that she was pregnant against FRSC policy on recruitment.
4.31 That the policy was meant to avoid serious health implications that could lead to death and failure to disclose such was deemed to be concealment and dishonesty, making her unqualified for the employment in the Corps.
4.4 That the petitioner cleverly avoided being screened at the training camp and was always in the habit of requesting for permission to travel
4.5 That as a result of that, report of her matter was forwarded to the management of FRSC to the effect that since the petitioner assumed duty at the Command, she was never regular at her duty post as she was always seeking permission to be excused from work
4.51 That preliminary investigation also revealed that her pregnancy was responsible for her frequent absence from duty and poor performance
4.52 That following this development, a Board of Inquiry (BOI) was set up to further investigate her condition, and the (BOI) found that she joined the service of FRSC in March, 2012 and claimed to be single and not married but pregnant which she did not disclose. That the ex-staff presented false information to the Corps which aided her employment.
4.6 That the petitioner was on probation period when her appointment was terminated, that the FRSC regulations on maintenance of discipline, 2005 provides that, on appointment, either before an interview panel or by means of any document produced by her knowingly made a false statement to facilitate his appointment shall upon conviction be liable to termination.
4.7 That upon review of the report of the Board of Inquiry (BIO) by the management of FRSC, the petitioner’s appointment was terminated in line with the public service rule 0208101 which is within his probation period , it is established to the satisfaction of the authority empowered to appoint an officer that he or she is not qualified for efficient service, the person’s appointment may be terminated by that authority at any time without any further compensation than free transportation to the place from which the person was engaged.
4.71 that the management of FRSC also invoked the provision of clause 2.2.1 (e) of the FRSC Conditions of Service 1999 which states that, if within the probation period or its extension, a staff on appointment is found incapable of efficient service, his or her appointment may be terminated by the Commission with one month notice or payment of one month salary in lieu of notice.
4.72 That the appointment of the petitioner was terminated because she was found incapable of delivering efficient service and for concealing information about her health status at the point of entry
4.8 RESPONDENT’S PRAYER
4.81 The Federal Road Safety Commission noted that the petitioner’s allegations against the Corps are frivolous, misconceived and cannot stand, and thereby, request the Honourable Committee to dismiss the petition for lack of merit.
5.0 COMMITTEE’S FINDINGS
5.1 The Committee after series of investigation and perusal of both parties oral and documentary presentation came up with the following issues for determination
5.2 Whether the petitioner intentionally and wilfully contracted marriage before joining the service of FRSC on 28th February, 2012 contrary to section 2 (3) of review of FRSC
5.3 Whether the termination of her appointment was an infringement to her fundamental human right.
5.4 Arising from the aforementioned; The Committee observed that in all the investigation conducted by the management of FRSC on the petitioner to ascertain whether the petitioner got married before getting pregnant when on probation. There was no point at a time where the petitioner accepted that she was a married woman, but acknowledged that she was pregnant for her friend due to mistake
5.41 That the FRSC has no proof to substantiate their claims that the petitioner got married before her probation period elapsed, if not they would have provided the detailed identity of her husband as an exhibit during the investigative hearing of the matter in the Committee
5.42 That the assertion that the petitioner presented false information to the Corps which helped her to gain the employment at FRSC was not true because the FRSC ought to have discovered this false clams at the preliminary stage of the recruitment exercise before issuing her an appointment letter.
5.43 That if the management of the FRSC could not do a proper test to know whether the petitioner was pregnant before joining the cadet and did not discover at the point of entry but later discovered when the petitioner was already on probation, it means that the fault was not on the side of the petitioner but on the side of the management of the Commission who have administrative lapses during recruitment exercise of Cadet officers and such lapses cannot be used against the petitioner
5.5 That the termination of the petitioner’s appointment was an infringement on her fundamental human right, because despite that the petitioner admitted to the management of FRSC that she was pregnant for her friend due to mistake, the Commission would have given her a lesser punishment order than out rightly termination of her appointment.
6.0 COMMITTEE RECOMMENDATIONS:
The Committee in view of the findings above urge the House to direct the Corps Marshal of Federal Road Safety Commission to show mercy to Ezinne Anyanwu and reinstate her back to the service of Federal Road Safety Commission without arrears of entitlement and benefits.
Rep. Uzoma Nkem-Abonta Omale Anthony Adoyi
Chairman Committee Clerk