A National Industrial Court has set aside the termination of the employment of a lecturer at the Akwa Ibom State Polytechnic, describing it as null and void for failure to comply strictly with the disciplinary procedure prescribed by the Polytechnic Law.
Justice Salisu Danjidda of the Uyo Division of the court set aside the termination of Dr. Mike Paulinus’ employment from the institution, declaring it unlawful, null, void and of no effect whatsoever.
The court ordered the polytechnic to reinstate Dr. Paulinus to his rank and pay his salaries and all entitlements from December 2, 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.
According to available court documents, Dr. Paulinus submitted that he was first employed as Lecturer I on July 26, 2005 and served for 17 years before his appointment was terminated on December 12, 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.
He 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 N100 million as damages.
In its defence, the 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.
The polytechnic added that the disciplinary procedure was properly followed and urged the court to dismiss the suit.
In his judgment, Justice 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 judge found that no evidence was presented to establish that the disciplinary committee made a recommendation to the Governing Council before the termination of his appointment.
Justice Danjidda emphasised that the prescribed procedure for terminating statutory employment must be strictly observed, stating that “there can be no partial or substantial compliance.”
The judge 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 judge declined Dr Paulinus’s claim for N100 million as damages for lacking merit.
