The Presiding Judge of the National Industrial Court of Nigeria, Bauchi Judicial division, His Lordship, Hon. Justice Kenneth Amadi has ordered reinstatement of 28 disengaged teachers of the Federal Polytechnic Bauchi Staff School and payment of their salaries from 1st February 2016 to date and continuous payment of their monthly salaries as at when due.
The claimants worked as teacher at the Federal Polytechnic Bauchi Staff School, the Claimants were redeployed to Staff School Management Board to become staff of the Staff School Management Board but rejected the redeployment and further argued that their purported employment termination is wrongful, unconstitutional, and contrary to the Federal Polytechnic Act, Rules and Regulations governing their condition of service.
However, the Defendants contended that the termination of Claimants’ appointments was in line with the Claimants’ letter of employment and conditions of service.
Counsel to the defendant S. U Aliyu Esq submitted that the Defendants acted in good faith in view of the directive that barred the institution from funding the staff school through allocations of the Federal Government to the institution that the resorted to redeploying the Claimants to Staff School Management Board as a last resort not to fall into the big trap of the Government, for failure to comply with the lawful directive of the Presidency.
Counsel to the claimants O. J. Bichi with M. T Isiaku submitted that the circumstances under which Claimants being senior and junior confirmed employees of the institution can be removed from the office by CIRCULAR negate the procedure of termination stated in the Federal Polytechnic Act.
Delivering judgment, the trial Judge, Justice Amadi held that failure to hear the claimants on the issue of the circular upon which their employment was base amounts to a denial of fair hearing.
“A look at the letter of termination of the claimants will clearly show that the council of the Polytechnic was not involved in the termination of the claimants’ employment. It is equally obvious that the circumstances stated under the provision for good cause did not apply in this case."
The court set aside letters of termination and ordered that claimants be reinstatement into office as employees of the Council, Federal Polytechnic Bauchi and payment of the sum of N300,000 ( Three Hundred Thousand Naira) cost of action.