By Desire Emmanuel
The National Industrial Court has ordered authorities of the Kwara Polytechnic to reinstate a staff member dismissed due to a land dispute between his community and the polytechnic.
Justice K.D. Damulak of the Akure Division of the court declared that the dismissal of the staff member, Mr Segun Ayinde, from the service of Kwara State Polytechnic was unlawful, null and void.
The judge ordered the polytechnic’s Governing Council to reinstate Mr Ayinde forthwith to his position and to pay him all outstanding salaries and entitlements from the date of his dismissal in June 2024.
According to court documents, Ayinde alleged intimidation and victimisation by the polytechnic 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 boss confirmed before the Disciplinary Committee that he resumed and closed work as required.
He added that he was subsequently dismissed through a letter which took effect in June 2024, and argued that his dismissal did not comply with the statutory procedure governing his employment.
On their part, the defendants, the Governing Council, Kwara State Polytechnic and others argued that Ayinde was involved in acts of misconduct against the institution and neglected his official duties. They contended that he appeared before a Staff Disciplinary Committee, which recommended his dismissal.
The Governing Council further maintained that although there was no Council in place at the time, the dismissal of Ayinde was sanctioned by the Sole Administrator, being the Commissioner for Tertiary Education, Science and Technology, who exercised the powers of the Council.
Delivering judgment, Justice Damulak held that the employment of Ayinde was 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 judge held that the Governing Council failed to establish the allegations of misconduct against 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 staff member, the sole administrator, who is the Commissioner for Tertiary Education and Science and Technology, cannot act in place of the Council.
The court reiterated that the dismissal of Ayinde was not justified and constituted victimisation arising from his refusal to interface with his community over the land dispute involving the community and the polytechnic.
Justice Damulak therefore 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 in June 2024, including pensions and gratuity as and when due.
