The Oyo State Board of Internal Revenue has been urged to comply with the ruling of the National Industrial Court, Ibadan by reinstating Ogunjimi Busola Adebisi who was summarily dismissed by the Board in 2015.
In its ruling of September 28, 2021, the court granted the immediate reinstatement of the plaintiff to the pensionable establishment of the board, without any loss of employment rights, including promotion, immediate payment of all her salary arrears plus allowances from September 1, 2015, till the date of judgment and immediate payment of N200, 000 to her as cost of proceedings.
The appeal was contained in separate letters addressed to the state’s Attorney General & Commissioner for Justice and the chairman of the Board, titled: “Imperativeness Of Compliance With Judgment In Suit No NICN/IB/19/2016: Ogunjimi Busola Adebisi V. Board Of Internal Revenue, Oyo State & Two Others Delivered On 28/9/2021,” dated October 7, 2021, and signed by her counsel, Femi Aborisade, Managing Partner, Abope Chambers.
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According to the judgment delivered by Hon. Justice J.D Peters, the court declared that the dismissal of the claimant through the letter referenced BIR/Vol. 11621143 and dated November 16, 2015, is illegal, unlawful, null, void and no effect, being contrary to the Civil Service Commission Regulations, Laws of Oyo State of Nigeria, 2000.
“A declaration that the dismissal of the claimant is unreasonable, unjustifiable, mala fide and unfair labour practice. A declaration that the defendant’s letter dated 28/8/2015 with reference number BIR/Vol. IU50/325 promoting the claimant remains valid and subsists.
“An order setting aside the first defendant letter with reference number BIR/Vol. 621/43 date 16/11/2015, through which the claimant was dismissed as Clerical Officer GL 04. An order reinstating the Claimant as Clerical Officer GL 04. An order reinstating the claimant as Clerical Officer GL 04 to the Pensionable establishment of the Board of Internal Revenue, without any loss of employment rights, including promotion.
“An order for the payment of the full salaries, allowances, fringe benefits and all other outstanding entitlement accruable to the claimant from the month of February 2016 (when this suit was instituted), till the determination of this suit as if she was never dismissed.”
In both letters, Aborisade said the essence of the brief is to ensure that the Board observes the orders made by the court without any further delay. “This is because, unless and until set aside on appeal, decisions of Court are binding on all authorities and persons.”