Headline: Court Strikes Out NCAA’s Appeal, Clears Path for Reinstatement of Worker Dismissed 11 Years Ago

The Court of Appeal in Lagos has dismissed an application by the Nigerian Civil Aviation Authority (NCAA), removing a key legal obstacle to the enforcement of a judgment that ordered the reinstatement of a former employee, Mrs. Annastasia Anukwa, whose dismissal was ruled unlawful.

A three-member panel, comprising Justices Folasade Ojo, Muslim Hassan, and Polycarp Kwahar, struck out the NCAA’s motion on April 23, 2026, for want of diligent prosecution. The court noted that although the applicant’s counsel had been served with a hearing notice on April 20, 2026, they failed to pursue the application. Consequently, the motion filed on March 19, 2025, was dismissed.

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

Despite the judgment, Mrs. Anukwa, through a petition to the Minister of Aviation and Aerospace Development, Festus Keyamo, complained that the agency had yet to fully comply with the court’s orders. She urged the minister to intervene and ensure implementation of the decision, which set aside her summary dismissal and directed her reinstatement.

Mrs. Anukwa had initiated the suit against the NCAA in November 2015, challenging the termination of her employment. She sought declarations that her appointment enjoyed statutory protection and that her dismissal was unlawful. She also requested an order setting aside the dismissal, reinstatement, payment of all salary arrears and entitlements—including N666,520 allegedly withheld for January and February 2015—as well as damages and costs.

According to court records, Mrs. Anukwa joined the NCAA on July 30, 2001, and rose to the position of Assistant Chief Accountant on Grade Level 13 Step 08, with consistently excellent performance ratings. The dispute arose after issues relating to her redeployment and deferred annual leave. She contended that she was wrongly accused of absconding from duty and dismissed without due process.

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

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 the NCAA’s conditions of service before her dismissal. Justice S. Danjidda ruled 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.

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