The National Industrial Court of Nigeria, sitting in Uyo, Akwa Ibom State, has set aside the termination of Dr Paulinus’ employment with Akwa Ibom State Polytechnic, declaring the action unlawful, null and void.
The court also ordered the Polytechnic to reinstate him to his former rank and pay his outstanding salaries and entitlements from December 2022.
The judgment was delivered by the Presiding Judge of the Uyo Judicial Division, Justice Salisu Danjidda, who held that the institution failed to comply strictly with the disciplinary procedure prescribed by the Polytechnic Law.
Dr Paulinus had told the court that he was employed as a Lecturer I on July 26, 2005, and served for 17 years before his appointment was terminated on December 12, 2022.
He challenged the termination on the grounds that the disciplinary procedure prescribed by the Polytechnic Law was not followed. Among other complaints, he alleged that the disciplinary committee was not properly constituted and that the procedure violated his right to fair hearing.
He consequently sought an order setting aside the termination, reinstatement, payment of salaries and entitlements, and ₦100 million in damages.
In its defence, Akwa Ibom State Polytechnic maintained that Dr Paulinus was issued a query and invited before the Senior Staff Appointment, Promotion and Disciplinary Committee to respond to allegations of misconduct arising from a petition by Mr Nsikan.
The Polytechnic argued that the disciplinary procedure had been properly followed and urged the court to dismiss the suit.
In resolving the dispute, Justice Danjidda held that although the claimant had been issued a query and allowed to respond to the allegations, the decisive question was whether the statutory procedure for terminating his employment had been followed.
The court found that no evidence was presented to establish that the disciplinary committee made a recommendation to the Governing Council before the termination of Dr Paulinus’ appointment.
Justice Danjidda emphasised that where an employment enjoys statutory flavour, the employer must strictly comply with the provisions of the enabling statute before terminating the appointment.
The court held that the absence of the required recommendation to the Governing Council rendered the termination invalid, notwithstanding the Polytechnic’s argument that the claimant had been afforded a fair hearing.
The court declined the claimant’s claim for ₦100 million in damages for lack of merit but ordered his reinstatement and payment of his salaries and entitlements.
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