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The Presiding Judge of the Uyo Judicial Division of the National Industrial Court, Hon. Justice Salisu Danjidd?, has set aside the purported termination of Dr. Paulinus’ employment from Akwa Ibom State Polytechnic, declaring it unlawful, null, void and of no effect whatsoever, for failure to comply strictly with the disciplinary procedure prescribed by the Polytechnic Law.
The Court ordered Akwa Ibom State Polytechnic to reinstate Dr. Paulinus to his rank and pay his salaries and all entitlements from 2th December, 2022 till date.
Justice Danjidda held that where an employment enjoys statutory flavour, the employer must strictly comply with the provisions of the enabling statute in terminating the employee’s appointment.
From facts, the claimant- Dr. Paulinus, had submitted that he was first employed as a Lecturer I on 26 July 2005 and had served for seventeen years before his appointment was purportedly terminated on 12 December 2022.
He contended that the disciplinary procedure prescribed by the Polytechnic Law, was not followed, alleging that the disciplinary committee was not properly constituted, among others.
Dr Paulinus further maintained that the procedure adopted violated his right to a fair hearing and sought the setting aside of his termination, reinstatement with salaries and entitlements, and N100m in damages.
In 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 defend himself against allegations of misconduct arising from a petition by Mr. Nsikan.
Akwa Ibom State Polytechnic maintained that the disciplinary procedure was properly followed and urged the Court to dismiss the suit.
In a well-considered judgment, Justice Salisu Danjidda held that although Dr Paulinus was issued a query and allowed to respond to the allegations against him, the decisive question was whether the statutory procedure for terminating his employment was strictly 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's appointment.
Justice Danjidda emphasized that the prescribed procedure for terminating statutory employment must be strictly observed, stating that “there can be no partial or substantial compliance.”
The Court held that failure to strictly comply with the prescribed procedure, particularly the absence of a recommendation to the Governing Council, rendered the entire decision a nullity, notwithstanding the Institution’s contention that Dr Paulinus was afforded fair hearing.
However, the Court declined Dr Paulinus’s claim for N100m in damages for lacking merit.
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