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The Presiding Judge, Akure Judicial Division of the National Industrial Court of Nigeria, Hon. Justice K.D. Damulak has declared that the dismissal of Mr Ayinde from the service of Kwara State Polytechnic by the Governing Council as unlawful, null, and void.
The Court ordered the Kwara State Polytechnic Governing Council to reinstate Mr Ayinde forthwith to his position and to pay him all outstanding salaries and entitlements from the date of his unlawful dismissal June 2024 till date.
The Court held that dismissal must strictly comply with the provisions of the enabling statute, and where reasons are given for dismissal, such reasons must be proved to the satisfaction of the Court.
From facts, the claimant, Mr. Ayinde, had alleged intimidation and victimization by the 2nd defendant due to a protracted land dispute between his community and the Institution, and averred that he was dismissed from employment after his response to a query without investigations of the allegations against him, thus denying him fair hearing.
Mr Ayinde maintained that he was diligent in his duties and that his immediate superior confirmed before the Disciplinary Committee that he resumed and closed work as required.
Mr. Ayinde stated that he was subsequently dismissed through a letter in June 2024, which took effect in June 2024, and argued that his dismissal did not comply with the statutory procedure governing his employment.
In defence, the Defendants, the Governing Council, Kwara State Polytechnic, and others argued that Mr. Ayinde was involved in acts of misconduct against the institution and neglected his official duties. They contended that Ayinde appeared before a Staff Disciplinary Committee, which recommended his dismissal.
The Governing Council further maintained that although there was no Governing Council in place at the time, the dismissal of Mr Ayinde was duly sanctioned by the Sole Administrator, being the Hon. Commissioner for Tertiary Education, Science and Technology, who was exercising the powers of the Council.
In a well-considered judgment, Hon. Justice K.D. Damulak held that the employment of Mr. Ayinde is clothed with statutory flavour, as Kwara State Polytechnic is a creation of statute, and the law makes specific provisions regulating the appointment and discipline of staff within his category.
The Court held that the Governing Council failed to establish the allegations of misconduct against Mr. Ayinde, as the evidence before the Disciplinary Committee showed that he was effective in his duties and complied with official hours.
On the dismissal letter issuing capacity, the Court ruled that by virtue of Kwara Polytechnic Law, where it has been shown that there was no Governing Council in place at the time of the dismissal of the claimant, the sole Administrator, who is the Commissioner for Tertiary Education and Science and Technology, can act in place of the Council.
The Court reiterated that the dismissal of Mr Ayinde was not justified and constituted victimisation arising from his refusal to interface with his community over the land dispute involving Kwara State Polytechnic.
Justice Damulak ordered the immediate reinstatement of Mr. Ayinde to his position in Kwara State Polytechnic and that the polytechnic pay all unpaid salaries and entitlements from the date of his unlawful dismissal June 2024 until reinstatement, including pensions and gratuity as and when due.
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