Industrial Court nullifies compulsory retirement of Lecturer Hassan from Nuhu Bamalli Polytechnic
The National Industrial Court in Kaduna has declared the compulsory retirement of Mr. Hassan from Nuhu Bamalli Polytechnic unlawful and ordered his immediate reinstatement.
Presiding Judge, Hon. Justice Bashar Alkali, in a firm ruling, stated that the polytechnic’s action—based on recommendations from a committee formed in 2020—violated the principles of natural justice and Mr. Hassan’s constitutional rights. The court found that the dismissal was not only procedurally flawed but also lacked the legal authority of a properly constituted Governing Council, which had not been in place since 2014.
Justice Alkali declared that Mr. Hassan’s employment status remains valid and directed the polytechnic to reinstate him and pay all salaries, allowances, and entitlements from the date of the termination in March 2021 to the date of judgment—within 30 days.
CONTINUE READING THIS ARTICLE BELOW AFTER THESE IMPORTANT NOTICES
Log in to primsol.lawpavilion.com and store.lawpavilion.com to enjoy the best E-journals, textbooks, and many more. For further enquiries/assistance, send an email to customercare@lawpavilion.com or call 08050298729
Mr. Hassan had earlier reported workplace grievances to management in 2020, prompting the formation of a 7-man committee. However, he argued that without a Governing Council in place, the committee lacked the legal standing to make binding disciplinary decisions, including his retirement.
The institution defended its action, claiming it had followed due process and retained disciplinary authority despite the absence of a council. But Mr. Hassan’s lawyer, A. D. Ismail, countered that the procedures breached the institution’s Staff Service Conditions.
The judge agreed, ruling that statutory procedures must be strictly followed, and any deviation renders such termination invalid. However, the court declined Mr. Hassan’s request for ₦15 million in damages over injuries sustained during a kidnapping incident, citing lack of proof that the institution was negligent or had a legal duty to prevent such attacks.
Justice Alkali sympathized with Mr. Hassan’s ordeal but emphasized that there was no legal basis to hold the polytechnic accountable for the kidnap incident.
FOR SUPPORT TO BARRISTERNG BLOG, DONATE TO: 1. NAIRA ACCOUNT: 1023046978 - UBA Â 2. USD ACCOUNT: 5090743566 - FIDELITY BANK PLC
Call Bridget Edokwe Esq on 08060798767 or send your articles to barristerngblog@gmail.com
A Must-Have for Every Lawyer: Order Justice Alaba Omolaye-Ajileye’s Latest Books on Electronic Evidence Today: To order your copies, click the link below and order directly from the author:
https://velvety-cendol-7387ed.netlify.app/
SHOP NOW
The Price is 10k for Hard Copy less freight and 5k for E- Book copy in the Store of the Website. https://buokorie.com/store/ To access the hard copy, Call - 07087622283
