Decade-long battle ends in victory: Former NCAA employee prevails in lawsuit

In a significant development, the Court of Appeal in Lagos has dismissed an application by the Nigerian Civil Aviation Authority, NCAA, thereby clearing the path for the enforcement of a judgment that ordered the reinstatement of Mrs Annastasia Anukwa, a former employee whose termination was deemed unlawful.

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This judgment was handed down by a three-member panel of the appellate court, consisting of Justices Folasade Ojo, Muslim Hassan, and Polycarp Kwahar, who struck out NCAA's motion on April 23, 2026, due to a lack of diligent prosecution.

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The court's decision was influenced by the fact that counsel to the applicant had been properly served with a hearing notice on April 20, 2026, but failed to pursue the application, resulting in the motion filed on March 19, 2025, being dismissed.

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The latest development stems from a judgment delivered on December 13, 2024, by the National Industrial Court in Uyo, which ordered NCAA to reinstate Mrs Anukwa and pay all outstanding salaries, allowances, and entitlements lost as a result of her dismissal.

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Despite this judgment, Mrs Anukwa submitted a petition to the Minister of Aviation and Aerospace Development, Festus Keyamo, expressing her concern that the court's orders had yet to be fully implemented by the aviation agency.

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In her petition, she urged the minister to intervene and ensure compliance with the court's decision, which had set aside her summary dismissal and directed her reinstatement.

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Mrs Anukwa initially instituted the suit against NCAA in November 2015, challenging the termination of her employment and seeking declarations that her appointment enjoyed statutory protection and that her dismissal was unlawful.

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She also sought an order setting aside the dismissal, reinstatement to her position, payment of all salary arrears and entitlements, including N666,520 allegedly withheld for January and February 2015, as well as damages and costs.

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According to Mrs Anukwa, she joined the NCAA on July 30, 2001, and rose through the ranks to become an Assistant Chief Accountant on Grade Level 13 Step 08, with consistently excellent performance records.

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The dispute arose after issues relating to her redeployment and deferred annual leave, with Mrs Anukwa maintaining that she was wrongly accused of absconding from duty and subsequently dismissed without due process.

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NCAA, however, argued that she disobeyed a redeployment directive, bypassed established reporting channels, and absented herself from work without approval.

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The National Industrial Court rejected the agency's position, holding that the claimant was neither properly queried nor subjected to the disciplinary procedures stipulated under NCAA's conditions of service before her dismissal.

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Justice S. Danjidda held that the NCAA, being a statutory body established under the Civil Aviation Act, operates under conditions of service that have the force of law, thereby conferring statutory protection on the claimant's employment.

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The court declared the dismissal null and void, ordered her reinstatement, and directed the NCAA to pay all withheld salaries and entitlements, granting all reliefs sought by the claimant except her claim for litigation costs.