From Yakubu Busari,Jos
Justice I.S .Galadima of the National Industrial Court, sitting in Jos Division has ruled that the state government should reinstate the disengaged staff of the Plateau State Polytechnic Barkin-Ladi with immediate effect and paying them all their entitlements from January to September, including salaries.
The litigants brought in their separate suits before, Justice I.S .Galadima of firstly by Nguerep Banging Bitrus & 36 ors challenging Governor of Plateau & 2 ors, then NICN/Jos /6/2024 for motion ,2.NICN /JOS/7/2024 and Bulus Gorge Lambert &55 ors ,3 NICN /JOS/8/2024, and Dake Emmanuel Chendu &99 ors ,4NICN/JOS/2024 ,as well as Wulkwap Hoomen Danjuma , and 5 NICN /JOS/10/2024, respectively.
Justice Galadima validated the recruitment exercise embarked upon by the Plateau State Polytechnic Barkin-Ladi between October 3rd ,2020 and January 2023, declaring that the plaintiffs and 99 others are bonafide members of the institution.
Justice Galadima made an order prohibiting the Registrar, Rector of the Plateau State Polytechnic from recruiting or appointing replacement for the 99 workers who were unlawfully disengaged.
The Court also granted an order mandating the Permanent Secretary, Ministry of Education, and the Rector/Registrar of the institution to reinstate the 99 workers immediately and pay them all outstanding salaries forthwith.
From facts, the claimants and 99 others had submitted that sequel to the advertisement for vacancies in 2020 which they applied, interviewed, given appointment letters, and issued staff identification cards, that to their dismay their appointments were terminated vide memo dated 13th of January, 2023 without any notice and were not allowed to represent themselves before the Polytechnic Council.
In defense, counsel to the defendants- Attorney General of Plateau State and 3 others, P. Safe Esq. averred that the former Rector requested permission to recruit 99 academic and non-academic staff which was approved by the governor, and 435 persons contrary to the approval, was employed.
They stated that on the 13th of January, 2023 , after reviewing the purported ongoing recruitment exercise, the Governor of Plateau State directed that same should be canceled. That since there was no prior request for the recruitment exercise and most of them were not qualified in 2020 for the 99 positions, no approval was given for the exercise. The recruitment exercise is therefore void, as the claimants were lawfully disengaged. Theyurged the court to dismiss the case in its entirety.
In opposition, the claimants’ counsel Nantok Dashwar, Esq urged the court to discountenance the submission of the defendants that nothing suggest that the already concluded recruitment of his clients was never authorized or approved by the Plateau State Government as alleged, arguing that all disengaged staff and 99 others were unlawfully disengaged from the service of the state Polytechnic.
Delivering the judgment, Justice Galadima held that the claimants have established the existence of an employment relationship between them and the Defendants and have shown that they were duly recruited into the services of the Plateau State Polytechnic Barkin-Ladi.
The court held that the Defendants failed to follow due process as stipulated in the polytechnic Conditions of Service.
“I must state that whatever approval that was given was not within the knowledge of innocent applicants who were duly interviewed and subsequently employed by the 3rd Defendant and issued staff ID Cards by the Head of Service who was also involved in the recruitment processes.
“The Claimants cannot be made to suffer for whatever lapses exhibited by the officials of the Defendants.
“In any case, having pored over exhibits, there is no indication that the appointments of the Claimants were determined or terminated because the 3rd Defendant recruited officers above any approval limit.” Justice Galadima ruled.”
He described the disengagement as illegal ,null and void that Governor Caleb Manasseh Mutfwang lacked the power to suspend the staff and order payment of workers salary.
However, efforts to speak to the Attorney General and Commissioner for Justice, P Dafe prove abortive as he declined to make comment after the judgement by rushing into his jeep to avoid questions.
The Claimants counsel, Nantok Dashwar told our medium that upon hearing on parties in a suit brought before NICN, the court gave his own judgement in favour of the Plateau State Polytechnic Barkin-Ladi staff that the governor lack the power to terminate the employment .
He explained further that the court agreed that the governor doesn’t have the power to terminate their appointment .
Dashwar told this medium that the court had directed for the reinstatement back to their respective offices with immediate effect in accordance with the law that protect all the Polytechnic so they are considered staff of the Polytechnic as the time of their engagement as staff of the Polytechnic.
According to him, ‘the defendants are within their right to challenge and appeal the judgement, however,we are waiting ready for their action anywhere.”
