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Akure –His Lordship, Hon. Justice A. A. Adewemimo of the National Industrial Court of Nigeria, Akure Judicial Division on Monday 25th February 2019 in a judgment declared as unlawful, illegal, null and void the dismissal of MR. IYOHA EMHENYA ANTHONY (claimant) from the employment of Auchi Polytechnic, Auchi, ordered reinstatement and payment of all outstanding wages, salaries, allowances and other emoluments accruing to him from 1st of December, 2016 to the time he is reinstated.
The claimant approached the court, sought against the Defendants among others; A DECLARATION that the purported Dismissal of the Claimant from the services of Auchi Polytechnic, Auchi vide a letter of dismissal dated 1st day of December 2016 with Ref. No. PC/PH.4680/359 for an allegation relating to a scandalous publication against Auchi Polytechnic, Auchi, in the Punch Newspaper dated the 9th day of April, 2016 is ultra vires the powers of the Defendants and a violation of the Claimant’s right to fair hearing as guaranteed by Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
Likewise, An ORDER of this Honourable Court directing the Defendants to reinstate the Claimant to his position with the Auchi Polytechnic, Auchi, with all privileges and entitlements to his status as if the letter purporting to dismiss his appointment had never been issued or served on him.
The claimant averred that on the 7th of May, 2016 he received a letter signed by Secretary to “Ad-hoc Committee on Scandalous Publication against Auchi Polytechnic,” invited him to appear before the committee on Thursday 12th May, 2016. He stated that neither the reason for his invitation nor the capacity in which he was invited was explained to him.
He averred that he later appeared before the committee and was confronted that he sexually harassed one student among others which he denied and the alleged victim of the sexual harassment was not called to confront him with her claims and allegations.
Claimant averred he also appeared with another panel by the Secretary to the Ministerial Committee on “FACT-FINDING COMMITTEE ON SEXUAL HARASSMENT” for an “INTERACTION” and was issued a query on the same allegation, to which he responded, and was later served with a management directive dated 13th of June, 2016.
The Claimant, therefore, contended that his dismissal was wrongful as AUCHI POLYTECHNIC, AUCHI 1st defendant did not follow due process, as laid down in his contract of employment.
The 1st defendants, THE RECTOR, AUCHI POLYTECHNIC, AUCHI -4th defendant and others averred that witnesses were present during the investigation of the claimant by the ad hoc committee set up by AUCHI POLYTECHNIC and the ministerial committee. The defendants averred that the setting up of the committee and the queries issued to the claimant were not in breach of the Federal Polytechnic Act as the Act does not prohibit the issuance of a query.
Finally, the defendants maintained that the claimant was lawfully dismissed from the employment of the 1st defendant, following the instruction of THE HON. MINISTER OF EDUCATION -the 7th defendant who is the Visitor to the Polytechnic and therefore urged the court to dismiss the claimant’s case as completely unmeritorious.
The defendants submitted in reply that the claimant’s contention that he was not afforded fair hearing on the ground that he was not arraigned before the Joint Committee of council and Academic Board, is misconceived and untenable.
After careful evaluation of all the processes filed, and the submissions of the learned Counsel from both sides. The Court presided by Hon. Justice A. A. Adewemimo expressed thus;
“It is, therefore, crystal clear and expressly stated in the claimant’s contract of employment that only the Council has the power to discipline a staff of the claimant’s status, and no matter how brilliantly any committee whether ad-hoc, investigating panel or any other panel conducted its investigation on a staff of the 1st Defendant or whether or not the staff was given fair hearing, the outcome of such will go to no issue, as long as it is in contravention of the provisions of the statute governing the employment relationship.
“The resultant effect is that the recommendation of these committees acted upon by the 7th Defendant and the act of the 7th Defendant is void ab initio. The dismissal of the Claimant, therefore, having been predicated on an act of an unrecognized body under the contract of employment is unlawful, null, void and of no effect whatsoever. I so hold.”
In conclusion, the court set aside letter of dismissal issued to the claimant dated 1st of December, 2016, and declared as unlawful, illegal, null and void the dismissal of the Claimant from the employment of the 1stdefendant.
His Lordship ordered Defendants to re-instate the Claimant forthwith to his employment and to the appropriate position and level he was in at the time his employment was unlawfully terminated.
Justice Adewemimo ordered defendants to pay Claimant all his outstanding wages, salaries, allowances and other emoluments accruing to him from 1st of December, 2016 to the time he is reinstated.
