Unlawful Sack: Court okays contempt charge against Health Minister

By Ikechukwu Nnochiri

The National Industrial Court (NICN) in Abuja has ordered the service of a contempt charge against the Minister of State for Health and Social Welfare, Dr. Iziak Adekunle Salako, over his alleged refusal to comply with its judgment.

Also cited as a defendant in the notice of consequences for disobedience of a valid court order (contained in Form 48) is the Medical Director of the Federal Neuropsychiatric Hospital, Enugu: Dr. Unaogu Ngozichukwu Nneka.

The contempt action, marked NICN/ABJ/23M/2026, was initiated before the court by Prof. Monday Igwe, who had been reinstated on 11 December 2025 as Medical Director of the Federal Neuropsychiatric Hospital in Enugu State.

In a judgment delivered by Justice Emmanuel Subilim, the court declared unlawful, null, and void the purported termination of the claimant’s appointment.
According to the court, the evidence adduced before it established that the claimant still had about three years and five months remaining until the expiration of his tenure.

It held that the claimant had successfully proved his case against all the defendants in the suit marked NICN/ABJ/130/2024.

Listed as 1st to 7th defendants in the substantive suit were: the Coordinating Minister of Health and Social Welfare; the Minister of State for Health and Social Welfare; the Federal Ministry of Health and Social Welfare; the Attorney General of the Federation (AGF); the Permanent Secretary, Federal Ministry of Health and Social Welfare; the Federal Neuropsychiatric Hospital, Enugu; and the Medical Director, Federal Neuropsychiatric Hospital, Enugu, Dr. Nneka.

The court ordered payment of the claimant’s emoluments from September 2023 up to the date of judgment.

Justice Subilim, who said he had painstakingly considered all the processes before the court and the arguments of the parties, held: “From the foregoing comprehensive analysis and having carefully weighed the evidence on the preponderance of probabilities, the court finds that the claimant has discharged the heavy burden of proof placed upon him.

“The procedure adopted for the purported termination of the claimant’s appointment was arbitrary, illegal, and a fundamental breach of the mandatory statutory provisions and regulations governing his employment. Consequently, the termination is hereby declared null and void, and of no effect whatsoever. I so hold.

“It follows therefore that reliefs (a), (b), (c), (d), (e), (f), and (g), as sought by the claimant, succeed in their entirety.

“On relief (h), which is a claim for general damages, the court held: ‘From the evidence before this court, the salary of the claimant was unlawfully stopped when he was suspended in September 2023. I have already made an order for the payment of all his emoluments from September 2023 to date, which addresses the specific financial loss of salary.

‘However, the claimant has also suffered significant distress, inconvenience, reputational damage, and disruption to his career and personal life as a direct consequence of the arbitrary and unlawful termination of his statutory employment. In view of these factors, and having considered the totality of the circumstances, I hereby award the sum of N3m.”

The court, however, struck out the name of the AGF from the suit on the ground that the claimant was unable to link him to the case.

It noted that the claimant was appointed as Medical Director of the 6th defendant via an appointment letter dated 12 April 2019, signed by the 2nd defendant, for a tenure of four years.

It further observed that, by his appointment (or approval of the appointment) as Medical Director of the 6th defendant by the President and Commander-in-Chief of the Armed Forces, the claimant is the Chief Executive of a Federal Government parastatal. As such, the Public Service Rules and the Approved Disciplinary Procedure for Chief Executives of Federal Government Parastatals, Agencies, and Departments (dated 19 May 2020 and conveyed via circular Ref. No. SGF/OP/I.S.3/T/163) apply to him.

It was the court’s position that the claimant’s appointment has a statutory flavour, and that its suspension and termination must comply with the provisions of the Public Service Rules and the Approved Disciplinary Procedure for Chief Executives of Federal Government parastatals, agencies, and departments.

Meanwhile, the notice of consequences of disobedience of court order, dated 14 April 2026 and signed by a team of lawyers led by Mr. Michael Okorie, read: “Take notice that unless you obey the directions contained in the order of the National Industrial Court, Abuja Division, delivered on 11 December 2025—which declared null and void the termination of appointment of the applicant, Prof. Monday Igwe; nullified the appointment of Dr. Unaogu Ngozichukwu Nneka as Medical Director, Federal Neuropsychiatric Hospital, Enugu, in Enugu State; ordered the reinstatement of Prof. Monday Igwe as Medical Director of the Federal Neuropsychiatric Hospital, Enugu, in Enugu State; and ordered payment of the arrears of salary to Prof. Monday Igwe—you will be guilty of contempt of court and liable to be committed to prison.

“This court has been informed that as at Tuesday, 14 April 2026, Dr. Unaogu Ngozichukwu Nneka has continued to perform the functions of the office of Medical Director, Federal Neuropsychiatric Hospital, Enugu, in Enugu State, while Prof. Monday Igwe has not been reinstated, in utter disregard of the subsisting orders of this court, whose execution has not been stayed.”

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