In a significant legal victory, the National Industrial Court (NICN) has mandated the immediate reinstatement of Professor Monday Igwe as the substantive Medical Director of the Federal Neuropsychiatric Hospital in Enugu State.
Court Declares Termination Illegal and Void
Justice Emmanuel Subilim, presiding over the case with suit number NICN/ABJ/130/2024, delivered a judgment on December 11, 2025, which firmly declared the termination of Professor Igwe's appointment as unlawful, null, and void. The judge ruled that the procedure used to remove him was arbitrary and constituted a fundamental breach of statutory employment regulations.
The court found that the claimant, Prof. Igwe, successfully proved his case against the defendants. Consequently, Justice Subilim issued a direct order for his reinstatement to complete his remaining tenure of three years and five months.
Financial Awards and Nullification of Replacement
The judgment also carried substantial financial directives. The court ordered the payment of all of Professor Igwe's emoluments and salaries from September 2023—when his suspension began—until the date of the judgment's delivery. Furthermore, the court awarded him N3 million in general damages for the distress, reputational harm, and career disruption he suffered.
In a related decisive action, the court voided the appointment of Dr. Unaogu Ngozihukwu Nneka, who had been installed as the substantive Medical Director while the suit was ongoing. Justice Subilim described this appointment as an unlawful overreach.
Background and Breach of Procedure
The case stemmed from events following Prof. Igwe's disciplinary action against a staff member for insubordination. After petitions were written, he was issued a query by the Permanent Secretary of the Federal Ministry of Health (the 5th defendant) and subsequently suspended via a letter dated September 20, 2023.
The court held that this suspension and the eventual termination violated specific sections of the Public Service Rules and the Approved Disciplinary Procedure for Chief Executives of government parastatals. Notably, a ministerial committee set up to investigate the allegations had actually exonerated Prof. Igwe and recommended his reinstatement.
Despite this, a misleading report led to the approval for termination by the President. The court identified the Coordinating Minister of Health, the Minister of State, the Federal Ministry of Health, its Permanent Secretary, and the hospital itself as defendants who acted unlawfully. However, the name of the Attorney General of the Federation was struck out from the suit for lack of established connection to the case.
This judgment, detailed in a Certified True Copy dated December 23, 2025, reinforces the principle that public service appointments with statutory flavour must be terminated strictly in accordance with laid-down procedures, protecting office holders from arbitrary removal.
