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Hon. Justice Hassan Yakubu of the Ibadan Judicial Division of the National Industrial Court has declared the purported query, suspension, and the eventual dismissal of Mr. Oladeji from the service of the Oke-Ogun Polytechnic Saki by the Chairman of the Governing Council of the Oke-Ogun Polytechnic on 06/07/2023 as null, void, and illegal.
The Court held that Mr. Oladeji's eventual suspension and dismissal from the service of the Oke-Ogun Polytechnic, Saki, by the Chairman of the Governing Council violated the Oke-Ogun Polytechnic, Saki, Law, principles of natural justice, equity, and good conscience.
Justice Hassan ordered the immediate reinstatement of Mr. Oladeji to the service of the Oke-Ogun Polytechnic, Saki, and placed him on the status and position of Chief lecturer.
The Court ordered and directed the Oke-Ogun Polytechnic and the Chairman of the Governing Council jointly and severally to pay Mr. Oladeji the sum of N541,303.22, being the half salary irregularly withheld by the Polytechnic for the months of May and June, 2023.
However, the Court refused and dismissed Mr. Oladeji's claims for N10 million as general damages, and N100 million as punitive and exemplary damages for lacking merit.
From the facts, the Claimant, Mr. Oladeji, had submitted that he was irregularly and wrongfully dismissed from the service of the Oke-Ogun Polytechnic Saki, as no Investigation Panel sat to investigate any allegation against him, nor was he invited formally or informally, nor by any means/medium whatsoever, to appear before any Panel.
Mr. Oladeji averred that the Oke-Ogun Polytechnic and the Chairman of the Governing Council did not comply with the provisions of Polytechnic Law in dismissing him from the service, and that he did nothing wrong to warrant a query, let alone suspension or dismissal from the service of the Polytechnic.
In defence, the defendants, Oke-Ogun Polytechnic Saki and the Governing Council, Chairman averred that due notices were issued to Mr. Oladeji before his dismissal, some of which Mr. Oladeji treated with flagrant disregard and reckless abandon.
The defendants averred that at the visitation panel, Mr. Oladeji was afforded a full, fair hearing, and he freely made representations contrary to the averment that he was not fairly heard.
In opposition, Mr. Oladeji counsel, D. S. Olabode Esq argued that the tenure of office of the Governing Council Chairman came to an end on 05/07/2023 that the so called meeting and proceedings of the Governing Council on 06/07/2023 wherein the decision was taken to dismiss his client from the service of the institution when their tenure of office had lapsed on 05/07/2023 and become spent by effluxion of time, lacked authority and legal competence, therefore null and void and pray the Court to hold so.
In a well-considered judgment, the Presiding Judge, Justice Hassan Yakubu, noted that the Governing Council Chairman and Oke-Ogun Polytechnic Saki did not lead any evidence as to why the disciplinary committee, as mandated by the law, was not set up.
The Court rejected the defendants' arguments that Mr. Oladeji's failure to answer the questions in the query did not necessitate the establishment of a committee.
Justice Hassan held that the Governing Council Chairman and Oke-Ogun Polytechnic Saki did not comply strictly with the procedure as contained in Polytechnic Law and the Staff Handbook in dismissing Mr. Oladeji from the services, that the law is settled that the only way to terminate a contract of service with statutory flavor validly is to adhere strictly to or comply religiously with the procedure laid down in the statute.
The Court reasoned that Mr. Oladeji, having not appeared before any investigation committee to state or make his representation before his dismissal, is to say the least, his right to a fair hearing has been denied.
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