From Yakubu Busari,Jos
The National Industrial Court sitting in Jos ,Plateau State on Tuesday adjourned to the 20th June, 2024 for further mention in a suit filed by the Rector of Plateau State Polytechnic, Barkin, Ladi John Dawam over his alleged illegal removal from office.
The case which is before National Industrial Court of Nigeria,NICN, has Governor of Plateau State , Plateau State Government, Attorney General and Commissioner for Justice , Plateau State and Plateau State Polytechnic Barkin Ladi as defendants.
The plaintiff Counsel ,Barr . Humphrey D.Dashe told journalists that they instituted the suit No, Nice/Jos/04/2024 on 26th February,2024 against illegal suspension and removal of their client , John Dawam .
However, the absence of the judge stalled the matter from mention over his alleged illegal suspension, as the rector of Plateau State Polytechnic, Barkin Ladi, Plateau State including other tertiary institutions by Governor Caleb Manasseh Mutfwang .
Dashe harped on restraining the respondents to take further action on the institutions, pending a hearing of the motion on notice on originating summon.
The judge later gave orders that a new date should be pick for further mention to be issued to plaintiff and all respondents before the next adjourned date.
According to John Dawam, the originating summon was brought under Section 256C (a), (d) and Section 36 of the 1999 Constitution of the Federal Republic of Nigeria (As amended), Order 17 Rule 1 & 2 of the National Industrial Court (Civil Procedure Rule 2017 and under the inherent jurisdiction of the court.
However, sequel to proceeding, Dashe stated that common law and equity must be observed. The fact that claimant was issued a purported suspension letter ahead of 6th February,2024 without a query, followed by Suspension before query of the applicants .”
He said that the matter was in relation to the truncation of the tenure of the Rector Plateau State Polytechnic Barkin Ladi,Dr John Dawam by the current government of Plateau State and the reason for his removal has not been advanced
“That is why and we view his removal as illegal , unlawful in the eyes of the law,” he said
Dashe emphasized that the exercise remain unconditional and illegal because when the Caleb Manasseh Mutfwang administration was sworn-in, rumour peddlers were saying all heads of institutions are going to be sack and the governor embarked in it without due consultation with board members.
He disclosed that the information was communicated by the Secretary to the State Government that all heads of institutions in the state are removed from office and new acting were appointed.
Dashe further explained that the embattled Rector consulted them and they took up the case with great concern on injustice that any meaningful individual require Justice and fairness since he is part of the state and he has been discharging his function in accordant to the instructions of the authority that appointed him .
“The case today was slated for mention and we came ready to commence the process of prosecuting the matter but unfortunately the official told us that the presiding judge was away on election tribunal assignment, he said.
Humphrey revealed that “the adjourned the matter for further mention on the 20th day of February,2024 , the matter is very clear ,we felt that the governor was misled ,he is a lawyer of so many years of practice and he is expected to follow up the rule of law with due process of law .”
He reiterated that “the governing council were boycotted in the removal of a Rector so we call on his attention to reverse back the decision for the interest of justice .”
