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Hon. Justice Oyeyoju Oyewumi of the Abuja Judicial division of the National Industrial Court has nullified the purported employment termination of Engr. Aliu Sulaiman from Federal Polytechnic Auchi; ordered Engr. Aliu Sulaiman reinstatement to his employment without loss in rank and payment of all his arrears of salaries and other entitlements from the period of the illegal termination of employment 2018 till date within 30 days.
The Court held that the failure of the AUCHI POLYTECHNIC to give Engr. Aliu adequate time to prepare for his defense before the Council is in clear breach of his right to fair hearing as enshrined in the Constitution.
Justice Oyewumi also granted an order of injunction restraining the Rector, Registrar, and Governing Council of Auchi Polytechnic by themselves, their servant, agent, privies, and howsoever called from further dismissing, terminating, or suspending Engr. Aliu in connection with the alleged act or omission.
From facts, the claimant- Engr. Aliu Sulaiman had submitted that the process that led to his employment termination was faulty as he was not given the opportunity to examine his accuser, in breach of his right to fair hearing, and was not allowed sufficient time to prepare for his defense.
In defense, the defendants- Rector, Registrar, and Governing Council of Auchi Polytechnic maintained that Engr. Aliu's employment was terminated in line with the due process and the polytechnic act that in view of the admission of guilt by Engr Aliu, his employment was recommended to be terminated, and not entitled to three months’ notice as the termination of his employment was on the ground of misconduct.
In opposition, the learned counsel to the claimant, A. A. Atemoagbo Esq submitted that his client was not given adequate opportunity to defend his case when the notice of the meeting was served on him when the Council was already sitting. He submitted that Engr. Aliu’s trial was not only irregular but also bedeviled by malice; urged the court to grant the reliefs sought.
Delivering the judgment, the presiding Judge, Justice Oyeyoju Oyewumi held that the failure of the Polytechnic Governing Council to issue a notice stating specifically what the reasons are or what amounted to the alleged misconduct is in clear breach of Section 17(1) of the Act made in furtherance to the rule of natural justice.
The Court held that failure of any tribunal or panel like the Governing Council which has a duty to take decisions to observe the rules of natural justice renders the proceedings and decision nullity.
Justice Oyewumi continued that nothing before the Court to show that Engr. Aliu actually committed the misconduct he was alleged to have committed and the defendants failed to prove the reason given for the termination of the claimant’s employment.
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