The Presiding Judge, Uyo Judicial division of the National Industrial Court, Hon. Justice Mahmood Namtari has ordered the defendants to immediately restore and pay Mrs. Eseme Jonah her salaries, entitlements and all arrears with effect from November, 2020 till date.

The Court restrained the Registar, Rector and the Governing Council of the Akwa Ibom State Polytechnic either by themselves, staff, officers or anyone acting on their behalf from further stopping or tempering with the Eseme’s salaries and entitlements henceforth.  

However, the Court dismissed the Mrs. Eseme’s regularization claim from Principal Librarian to Librarian 1 against the defendants for lacking merit and held that the Claimant’s allegations on sexual harassment and victimization is tall in rhetoric but short in prove and no nexus between the purported allegation and the vexed “demotion” or “regularization” of her appointment.

From facts, the Claimant - Mrs. Eseme Jonah had submitted that she lodged a complaint to the Chairman Governing Council of the Akwa Ibom State Polytechnic on the continuous sexual harassment and victimization leading to the denials of her rights and privileges in the office, and rather than investigate and treat her complaint, the Polytechnic Governing Council approved the regularization of her rank from Principal Librarian to Librarian 1 for lack of adequate publications which she made an appeal for a reversal for failure to follow due process and the rules of natural Justice and equity.

In defence, the Defendants- Akwa Ibom State Polytechnic and 5 others submitted that the reversal of the unmerited promotions and subsequent adjustment of salaries was not done because of reporting a case of sexual harassment to the authority of the polytechnic, but purely an administrative duty to correct the abnormalities occasioned by the unmerited promotions of the Claimant/Applicant as the case may be. 

The institution submitted that Mrs. Eseme’s complaint of victimization/sexual harassment was duly investigated and found to be frivolous, untrue and false and which cannot be substantiated or established by any proof or cogent and positive evidence, urged the court to dismiss the case for lack of jurisdiction for being vague and improperly constituted, incompetent, lacking in clarity and in essence.

In opposition, the Eseme’s counsel averred that his client has never been accused of misconduct or dereliction of duties, that the punishment meted was not in compliance with the laid down procedure that the promotions in question cannot lawfully and justifiably be tagged unmerited after six (6) years and that it would be an after-thought against evidence on records, preserve against the rule of fairing, urged the court to dismiss the objection.

The court in its considered judgement presided by Hon. Justice Mahmood Namtari dismissed the defendants objection for lacking merit and held that the Claimant greatest undoing was the failure to prove that the decision of the Polytechnic Governing Council to reverse the promotions was illegal and without due process. 

The court continued that the Akwa Ibom State Polytechnic and 5 others are justified in reversing the promotions as an administrative mechanism which is beyond the purview of the court as it will be invidious for a court to foist on an employer a person who should occupy a particular position.

“The Claimant did not refer the court to any process that was not followed to make it illegal, null and void and it is not for the court to speculate. In any case, it is the Defendants who succeeded in establishing lack of due process with the inglorious actions of the former Rector in appraising the Claimant.” Justice Namtari ruled

Visit the judgment portal for full details