The National Industrial Court, NIC, in Abuja, has set aside the 2021 promotion examination conducted by the National Examinations Council, NECO, on November 13, 2021 for unlawfully excluding names of its two senior staff.
Charles Berje and Dr. Anthonia Utoh who were excluded from the promotion examination, had approached the court challenging their exclusion from the list of staff slated by the Council’s promotion examination in the 2021.
Justice O.Y Anuwe held in his judgement of February 25, 2022, a copy of which is obtained by ASHENEWS, that the exclusion of Charles Berje and Dr. Anthonia Utoh from the list of NECO’s staff shortlisted for the examination, was discriminatory, biased and unlawful.
Justice Anuwe further held that Charles Berje and Dr. Anthonia Utoh, who are Assistant Directors on grade level (CONTRISS) 13 from 1st January, 2017, were due and eligible for consideration for promotion to grade level 14 in the 2021 promotion exercise.
The Judge declared that NECO’s 2021 promotion examination, which was held in exclusion of the claimants, was a violation of the Public Service Rules and the Council’s regulatory staff conditions of service 2015, and was therefore unlawful and accordingly, liable to be set aside.
He therefore set aside the said promotion examination and ordered the defendants to strictly comply with the Public Service Rules by giving equal and fair opportunities to all eligible and qualified staff of the Council, including the claimants, in the suit marked, NICN/MN/06/2021 to participate in the exercise.
The Judge, who observed that the promotion examination was conducted during the pendency of the suit also made an order setting aside the query issued to the claimants on November 8, 2021, alleging the breach of Rule 090101(1) and 090201 of the Public service Rules.
