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NATIONAL UNION OF LOCAL GO VERNMENT EMPLOYEES AND LOCAL GOVERNMENT SERVICE COMMISSION ABIA STATE (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A.ATILADE - PRESIDENT CHIEFM.A.BORISADE - MEMBER AMBASSADORM.S.SALEH - MEMBER SUIT NO: NIC/16/95 DATE OFJUDGMENT - 9TH MAY, 1997. LABOUR LAW Dismissal - Staff of Local Government - Power of State Governor to authorize dismissal of- Source of - Section 4(2)(a) Public Officers (Special Provisions) Act and section 277(1), 1979 Constitution. ISSUES 1. Whether the Governor of Abia State is the appropriate authority under section l(1)(d)(i) of the Public Officers (Special Provisions) Act, Cap. 181, Laws of the Federation of Nigeria, 1990 in respect of an employee of a Local Government (Ikuano Local Government) pursuant to Decree No.37 of 1991. 2. Whether the trade union activities of Mr. Abara A. Ijoma was a factor in his purported dismissal by the Governor of Abia State. FACTS The Governor of Abia State on the 1 6uI day of August, 1998 dismissed Mr. Abara A. Ijoma from the service of the Abia State Unified Local Government Service. Mr. Ijoma was an Assistant Chief Personnel Officer (Grade Level 13) and the Head of Personnel Management Department of Ikuano Local Government Area of Abia State, and chairman of the Appellant union in Abia State. The Appellant immediately protested the action of the Governor, in that the Governor had no right in law to dismiss Mr. Ijoma and, secondly, because the events leading up to the said dismissal made it clear that Mr. Ijoma was purportedly dismissed because of his trade union activities. The matter was referred to the Industrial Arbitration Panel, which found against the Appellant. The Appellant was dissatisfied with the Panel’s award, and appealed to the National Industrial Court. HELD (Dismissing the appeal): On Power of a Governor of a State to authorize dismissal of a staff of Local Government Service - It is clear from section 4(2)(a) of the Public Officers (Special Provisions) Act, read in conjunction with section 277(1) of the Constitution of the Federal Republic of Nigeria, 1979 where the term “public service of a state” is defined to include service as staff of any local government council, that the Governor of a State has the power to authorize the dismissal of a person who was as at the time of his dismissal a staff of the state unified local government service.