National Industrial Court has dismissed a lawsuit filed by Yisa Usman, a former Deputy Director of the Joint Admissions and Matriculation Board (JAMB), upholding his termination from service.
Presiding judge, Justice Osatohanmwen Obaseki-Osaghae, sitting in Abuja ruled that the dismissal was lawful and fully compliant with the board’s staff manual.
In a Certified True Copy of the judgment delivered on 2 June 2026 (Suit No: NICN/ ABJ/266/2023), the court also awarded N250,000 in costs against Usman in favour of JAMB.
Usman, who served in JAMB’s Finance Department, was dismissed in July 2023 for gross misconduct and willful disobedience of constituted authority, prompting him to challenge the termination in court.
Justice Obaseki-Osaghae established that Usman was granted a fair hearing before his exit. The judge noted that the claimant responded to initial queries but deliberately boycotted subsequent disciplinary proceedings.
Citing the Supreme Court precedent in Imonikhe v. Unity Bank Plc (2011), the judge stated: ‘Where an employer accuses an employee of misconduct by way of a query and the employee answers the query before the employer takes a decision… that satisfies the requirement of fair hearing.
The Claimant was issued with queries on misconduct, and by his own evidence, he gave detailed responses in writing. The Defendant was not satisfied with his response and invited him to appear before the Committee. By his own choice, he refused to appear. Fair hearing is simply “hear the other side”‘.
The court rejected Usman’s argument that the Minister of Education lacked the power to approve his dismissal in the absence of a JAMB Governing Board. Justice Obaseki-Osaghae pointed out that the same Minister had approved Usman’s promotion to Deputy Director in 2017, which he accepted without objection.
The judge ruled that ‘In the absence of a Governing Board, the Management seeks directives and approvals from the Ministry… The power of the Minister to approve the dismissal of the Claimant from the service of the Defendant is statutory, contained in Section 6 of the JAMB Act. The authority of the Minister to approve the Claimant’s dismissal in the absence of the Governing Board is valid and within his supervisory powers’.
Furthermore, the court clarified that Usman’s dismissal was entirely unrelated to his alleged whistleblowing activities.
