The National Industrial Court of Nigeria sitting in Akure has declared the dismissal of Mr. Ayinde Karimu by the Governing Council of Kwara State Polytechnic unlawful, null, and void.
Delivering judgment, the Presiding Judge, Hon. Justice K.D. Damulak, ordered the institution to immediately reinstate Karimu and pay all outstanding salaries and entitlements from June 2024, when the dismissal took effect, until he is fully restored to his position.
In the ruling delivered at the Akure Judicial Division, Justice Damulakheld that the dismissal did not comply with the statutory procedure governing Karimu’s employment. He explained that where reasons are given for dismissing a staff member, those reasons must be proven to the satisfaction of the court, noting that this was not done in the present case.
Karimu told the court that he faced intimidation and victimisationfrom the second defendant arising from a long-standing land dispute between his community and the polytechnic. He said he was dismissed after responding to a query, adding that the allegations against him were not properly investigated and that he was denied a fair hearing.
He further stated that he carried out his duties diligently, explaining that his immediate superior confirmed before the Disciplinary Committee that he resumed and closed work at the stipulated times. He told the court that he later received a dismissal letter in June 2024 and maintained that the action did not comply with the law regulating his employment.
In their defence, the defendants, including the Governing Council and Kwara State Polytechnic, argued that Karimu committed acts of misconduct and neglected his official duties. They said he appeared before a Staff Disciplinary Committee, which recommended his dismissal.
The Governing Council also informed the court that although no Governing Council was in place at the time, the dismissal was approved by the Sole Administrator, who was the Commissioner for Tertiary Education, Science and Technology, acting with the powers of the Council.
However, in a detailed judgment, Justice Damulak held that Karimu’s employment enjoyed statutory protection because the polytechnic was established by law, which clearly stipulates the procedure for appointment and discipline of staff. The judge found that the defendants failed to substantiate the allegations of misconduct, adding that evidence presented before the Disciplinary Committee showed that Karimu discharged his duties and complied with official working hours.
The court also ruled that under the Kwara Polytechnic Law, the Sole Administrator could act in place of the Governing Council when none was constituted. Despite this, the judge held that the dismissal itself was unjustified.
Justice Damulak further found that the dismissal amounted to victimisation linked to Karimu’s refusal to intervene in the land dispute between his community and the institution.
The court therefore ordered Kwara State Polytechnic to immediately reinstate Karimu and pay all unpaid salaries and entitlements from June 2024 until his reinstatement, including pensions and gratuities as they fall due.
