Media
- Home
- Details
The Presiding Judge, Kaduna Judicial Division of the National Industrial Court, Hon. Justice Bashar Alkali has voided the purported compulsory retirement of Mr Hassan from the services of Nuhu Bamalli Polytechnic, as contained in the letter dated 29th March 2021.
The Court ruled that Nuhu Bamalli Polytechnic's decision based on the purported recommendation of the Committee set up by the Institution in September 2020, to look into issues raised by Mr Hassan and which culminated in the purported termination of Mr Hassan's appointment, was contrary to the principles of natural justice and a deliberate and calculated infraction of Mr. Hassaan right contained in Chapter IV of the Constitution, Federal Republic of Nigeria 1999.
Justice Alkali declared that the employment of Mr Hassan with the Nuhu Bamalli Polytechnic is still subsisting, and directed the Nuhu Bamalli Polytechnic to reinstate Mr Hassan to its services and to pay Mr Hassan his full salaries, entitlements, allowances and or benefits from the date of the unlawful termination of appointment up to the date of judgment within 30 days.
From facts, the claimant- Mr Hassan had submitted that sometime in 2020, circumstances arose that caused him to write complaints to the Institution Management in accordance with the provisions contained in the Staff Service Conditions and Regulations of the Nuhu Bamalli Polytechnic and consequently, the Institution set up a 7-man Committee to look into those complaints.
Mr Hassan averred that since 2014, when the Governing Council/Board was dissolved, the Kaduna State Government has not appointed any Governing Council for the Institution till date and that the Nuhu Bamalli Polytechnic relied on the unlawful recommendations of the said committee to compulsorily retire him from service.
In defence, the Defendant- Nuhu Bamalli Polytechnic stated that the Absence of the Governing Council does not rob its conferred statutory powers of the management to set up committees, discipline its erring staff, and make recommendations where necessary.
Nuhu Bamalli Polytechnic maintained that all procedural Rules and Regulations as envisaged in the Staff Service Conditions were adhered to in terminating Mr Hassan's employment, and denied any negligence whatsoever from his predicament with the kidnappers.
In opposition, A. D. Ismail Esq, learned counsel to Mr Hassan argued that Nuhu Bamalli Polytechnic has not complied with the provisions contained in its Conditions and Regulations before proceeding to terminate Mr Hassan's appointment, as there was no Governing Council at the time his client's appointment was terminated, and urged the court to grant the reliefs sought.
In a well-considered judgment, the Presiding Judge, Justice Bashar Alkali reiterated that in terminating an employment governed by statute, the procedure laid down in the statute must be complied with, and further that the provisions of the applicable regulations and the memorandum of appointment must be followed to the letter as any breach would render the exercise of termination null and void.
The Court reasoned that the committee of the management of Nuhu Bamalli Polytechnic, which recommended the dismissal of Mr Hassan, on whose recommendation the Nuhu Bamalli Polytechnic relied to terminate the employment of Mr Hassan, is unknown to the Staff Service Conditions and Regulations.
On Mr Hassan's claim for N15,000,000.00 Damages, the Court held that Mr Hassan failed to establish the negligence of the Nuhu Bamalli Polytechnic as a result of Mr Hassan sustaining injury as a result of an attack by the kidnapper.
Justice Alkali expressed sympathy with Mr Hassan for his ordeal at the hands of the kidnappers, and noted that there is no substantial evidence presented before the Court that outlines Nuhu Bamalli Polytechnic's primary mandate as extending to the provision of robust security measures capable of protecting against the threats posed by armed kidnappers.
Visit the judgment portal for full details
