Whether an Employer’s act of subjection to endless interdiction, and compelling the employee to undergo mental examination, amount to Infringement of his Right to Life and dignity of his person

Whether an Employer’s act of subjection to endless interdiction, and compelling the employee to undergo mental examination, amount to Infringement of his Right to Life and dignity of his person

Mr. Ejike Ogbuefi v. Mrs. Ebele Uzodike, Registrar, Optometricts and Dispensing Opticians Registration Board of Nigeria& 3 Ors, Suit No. NICN/ABJ/120/2019

Facts of the Case

Mr. Ejike Ogbuefi is an accountant with Optometrists and Dispensing Opticians Registration Board of Nigeria, Lagos. When the headquarters of the Board was moved from Lagos to Abuja, he was transferred to Abuja. However, because of a health condition , he applied to remain in Lagos and work in the branch of the Board for six months to enable him complete his treatment. His application was not granted, but in order to continue to receive treatment, he remained in Lagos while working in the branch of the Board.

In response, the Board suspended him for 7 months and while on suspension his salaries were withheld. The Board also interdicted him, placing him on half salary for three months. After the expiration of the three months, the Board further placed him on half salary for 2 more terms of 3 months each amounting to a total period of 9 months. Worse , the salaries paid to him were less than half the normal amount. Furthermore, he was transferred from the Audit department to the Registration department of the Board.

Subsequnelty, the Board gave him 5 days to undergo a mental examination and threatened him with serious action should he fail to comply. Upon expiration of the 5 day period, Lawyers Alert filed a complaint filed a Complaint on his behalf against his employers at the National Industrial Court of Nigeria, Abuja, praying the court to restrain his employers from further violating his fundamental human rights and directing them to pay to him his 7 months’ salaries and other entitlements. The hearing date is yet to be fixed by the court.
 
   
   
 
 
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