Court orders Delta govt to pay doctor N5m damages
Court orders Delta govt to pay doctor N5m damages
A National Industrial Court sitting in Yenagoa, Bayelsa State, has ordered Delta State Hospital Management Board and the State Commissioner for Health to pay Dr. Godwin Obanovwe, a retired Consultant Orthopedic Surgeon, N5 million as damages for the psychological trauma and dent to his image arising from his demotion and reduction in steps by three steps for two years.
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The court also ordered the Board and the state Attorney General and Commissioner for Justice to pay Obanovwe the deductions “made from his salaries which was reduced from Conmess seven step nine category to Conmess seven step six category from January 25, 2015 to date of his retirement from public service in 2016.”
He had challenged a letter dated January 25, 2015 from the Board, demoting him based on the report of a panel that inve-stigated him after a petition by one Joseph Owholo.
In the said petition, Obanovwe was alleged to have “brought patients from outside to operate in the Central Hospital, Ughelli and thereafter, sent them to his private clinic” and that he ‘bribes the Zonal Medical Director who allows him to engage in such activities.”
In his ruling, trial judge, Justice Bashar Attahiru held that the setting up of the committee to investigate the claimant for alleged misconduct upon which he was demoted “breached the procedural steps for disciplinary actions as provided for by the Delta State Public Service Rules and the claimant’s right to fair hearing as enshrined in the 1999 constitution (as amended).”
He said the payment of the damage was based on the provisions of section 19 (d) of the NIC Act, 2006, noting that “all the terms of the judgment are to be complied with within 30 days.”
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