The National Industrial Court of Nigeria has ordered Akwa Ibom State Polytechnic to reinstate Dr. Paulinus Etim Ekpo and pay his outstanding salaries and entitlements after declaring the termination of his employment unlawful.
Delivering judgment at the Uyo Judicial Division of the Court , Justice Salisu Danjidda ruled that the Polytechnic failed to follow the disciplinary procedure prescribed by its governing law before terminating Dr. Paulinus’s appointment. The court held that the failure to comply strictly with the law rendered the termination null and void.
Dr. Paulinus had told the court that he was first employed as a Lecturer I on July 26, 2005, and served the institution for 17 years before his appointment was terminated on December 12, 2022. He had risen to the position of Chief Lecturer and Head of Department before the termination.
He argued that the Polytechnic failed to follow the disciplinary procedure prescribed by its law, alleging that the disciplinary committee was not properly constituted, among other irregularities. He also maintained that the process violated his right to a fair hearing.
The lecturer asked the court to set aside his termination, order his reinstatement with payment of outstanding salaries and entitlements, and award him N100 million in damages.
However, Akwa Ibom State Polytechnic maintained that it followed the proper disciplinary procedure, stating that Dr. Paulinus was issued a query and invited to appear before the Senior Staff Appointment, Promotion and Disciplinary Committee to respond to allegations of misconduct arising from a petition by Mr. Nsikan Dickson Umoh.
The institution urged the court to dismiss the suit, insisting that the lecturer was given an opportunity to defend himself against the allegations.
In its judgment, Justice Danjidda acknowledged that Dr. Paulinus was issued a query and allowed to respond to the allegations but said the main issue was whether the Polytechnic complied with the statutory procedure for terminating his employment.
The court found that there was no evidence before it showing that the disciplinary committee made a recommendation to the Governing Council before the termination of the lecturer’s appointment.
Justice Danjidda stressed that employers must strictly follow the procedures established by law when terminating employment protected by statutory provisions, adding that “there can be no partial or substantial compliance.”
The judge held that the absence of evidence of a recommendation to the Governing Council invalidated the termination, notwithstanding the institution’s argument that the lecturer was given a fair hearing.
Consequently, the court set aside the termination and ordered the Polytechnic to reinstate Dr. Paulinus to his rank and pay his salaries and all entitlements from December 12, 2022, to date.
However, the court declined his N100 million damages claim, explaining that the reinstatement and payment of his salaries and entitlements had already provided a remedy, and awarding additional damages could amount to double compensation.
The judgment highlights the importance of following established disciplinary procedures when handling employee misconduct and termination of employment. For HR professionals and employers, it is a reminder that issuing queries and giving employees an opportunity to respond may not be enough if other required steps are ignored. Organisations must ensure that disciplinary processes are properly documented and follow the procedures set out in their employment policies and applicable laws to avoid costly disputes and
