KEY POINTS

• The Senate has ordered NRC to withdraw its sack on Engr Aniekan Paddy Ukpe, saying his dismissal was wrongful.
• Engr. Ukpe is mandated to be paid all outstanding entitlements and benefits by NRC.
• Also directs Senate Committee on Legislative Compliant to monitor that NRC complies.

Nigerian Senate orders Nigerian Railway Corp to reinstate Engr. Aniekan Paddy Ukpe, whose appointment as Senior Civil Engineer and District Engineer was terminated in March 2023.

The Senate concluded that his termination was wrongful and directed that NRC pays him all outstanding entitlements.

On its decision, the Senate stated that the report of the Chairman of the Senate Committee on Ethics, Code of Conduct, and Public Petitions. Senator Neda Imasuen, representing Edo South on the platform of the Labour Party informed this decision.

It came in response to a petition filed by Engr. Ukpe, who claimed that his dismissal was unjustified and contained no due process. The resolution is to be enforced by the Senate Committee on Legislative Compliance to see to it that the NRC conforms.

What caused Ukpe’s termination?

The controversy, however, began on September 19, 2022, after railway tracks at the Kamuru Railway Station (Zonkwa section km 780–781) were vandalized.

According to Ukpe, who headed the North Central District comprising Kaduna, Plateau, Benue and Nasarawa states, he reported the incident to his District Manager and the Kafanchan Railway Police Station.

In his application, Rus caused after the incident, not only verbal, on the day it occurred, but also by telegram on September 26, 2022, his petition states. Through proactive approach, we arrested, prosecuted and convicted the vandals. He also donated his own money to help fund the police investigation.

Instead of being commended for his efforts, he was accused by NRC District Manager of underreporting the incident, issuing him a query. But he was later summoned to appear before an investigative committee in Abuja. And was allegedly not given sufficient notice, and was not properly informed of the charges against him.

Internal reviews and police investigations found him not culpable for doing wrong, but his appointment was terminated in March of 2023. The dismissal was based on negligence, the NRC insisting that Engr. Ukpe dully failed to promptly report the incident and delayed response to the query.

The basis of Ukpe’s dismissal by Justification of NRC

His sack, according to the Managing Director of the NRC, Engr. (Dr.) F.E. Okhiria, was because the Engr. Ukpe failed to promptly report the incident to his superior.

The NRC claimed that:
Breach of duty: The eight days delay in reporting this incident by telegram.
Then Coming eight days later, Engr. Ukpe failed to respond to the query within the 72 hour statutory deadline prescribed.
An internal investigation committee declared him culpable of ‘serious misconduct’ and recommended that he be dismissed, also a recommendation upheld by the Senior Staff Committee on Appointment, Promotion and Discipline.

Senate’s findings and verdict

Following the review of the petition, the Senate Committee on Ethics, Code of Conduct and Public Petitions, however agreed that Engr. Ukpe’s dismissal was wrongful. Their findings were as follows:
Police investigations and internal reviews exonerated Engr Ukpe of any link to vandalisation of the railway tracks.
His dismissal on charges of negligence was based on an allegation. The Senate found that the NRC did not follow due process.
Engr. Ukpe didn’t get accused of gross misconduct; also his contract was never terminated for lack of sufficient grounds.

Senate resolutions

Following its review, the Senate resolved that:
1. Immediate Reinstatement: Engr. Aniekan Paddy Ukpe must be reinstated to his former positions and titles of Senior Civil Engineer and District Engineer with the NRC.
2. Payment of Entitlements: All the outstanding entitlements and benefits from the date of his dismissal must be paid by the NRC to him.
3. Legislative Compliance: On Tuesday, Political Correspondent Peter Marsh said the Senate Committee on Legislative Compliance was responsible for seeing to it that the NRC complied with the resolution.

Implications served for accountability and due process.

Dismissal of public servants must be done with due process, the Senate further made clear. It reaffirms the right of employees to approach higher authorities of a petition or an appeal. Engr. Ukpe’s reinstatement per the directive, is a signal that the Senate is doing its bit in ensuring fairness, transparency and justice in employment matter within public institutions.

Through the reinstatement of Engr. Ukpe, we are by refusing to suffer a wrong, warning public institutions like the NRC to make sure before firing employments, that it must be justifiable and backed with adequate evidence. And it also signifies the readiness of the Senate to bring public institutions to book for errant acts that lead to wrongful dismissals.

However, the NRC has not issued an official statement yet on the Senate’s directive.