The National Industrial Court, Ibadan Division, has nullified the dismissal of one, Oladeji, from the service of Oke-Ogun Polytechnic, Saki, describing the action of the institution’s Governing Council Chairman as unlawful and a breach of due process.

In a judgement, Justice Hassan Yakubu declared the query, suspension, and eventual dismissal issued on 6 July 2023 as null, void, and illegal.

He ruled that the Governing Council failed to follow the Oke-Ogun Polytechnic Law, principles of natural justice, equity and good conscience. The court consequently ordered the immediate reinstatement of Oladeji to his position as Chief Lecturer, restoring him to full status and rank.

Justice Yakubu further directed the Polytechnic and its Governing Council Chairman, jointly and severally, to pay the sum of N541,303.22, representing the lecturer’s half salary unlawfully withheld in May and June 2023.

However, the court struck out his additional claims for N10 million in general damages and N100 million in punitive damages, stating that they lacked merit.

Oladeji had submitted that no investigation panel ever sat to examine any allegations against him and that he was never invited or heard before the decision to dismiss him was taken. Oladeji’s lawyer, D. S. Olabode, further argued that the Governing Council’s mandate had already expired on 5 July 2023, rendering its action the following day invalid.

The defendants, however, claimed that Oladeji had been issued several notices and had fair hearing opportunities, which they alleged he disregarded.

They also maintained that a visitation panel afforded him the chance to defend himself. But Justice Yakubu held that the Polytechnic and its Governing Council failed to prove why a disciplinary committee, as mandated by law, was not convened.

He emphasized that under statutes governing employment with statutory flavour, termination is only valid when strict adherence to laid down procedures is observed.

The court further held that by denying Oladeji the chance to appear before an investigation panel, his right to a fair hearing was violated, rendering his suspension and dismissal unlawful.