Court Voids Suspension Of Federal Polytechnic Rector By Governing Council

The National Industrial Court, sitting in Port Harcourt, has nullified the suspension of the Rector, Federal Polytechnic of Oil and Gas Bonny, Rivers State, Prof. Tomunomi Abbey, by the institution’s governing council.

Justice Polycarp Hamman held in a statement by the NIC on Monday that based on the Federal Polytechnics Amendment Act, 2019, it is only the president of Nigeria that has the constitutional powers to suspend or discipline Prof. Tomunomi.

The Federal Polytechnic of Oil and Gas Bonny and its governing council told the court that the Rector was queried and subsequently suspended from office in the best interest of the Polytechnic, and following a directive by the Minister of Education.

The governing council urged the court not to reinstate the Rector, adding that “Prof. Tomunomi’s employment has not been terminated, the claimant was only suspended without salary pending the outcome of the investigation, and he has not shown any breach of his acclaimed rights.”

But the claimant, Prof. Tomunomi Abbey contended that he was appointed “as the Rector by the Minister of Education in 2018 on the authority and approval of the President of the Federal Republic of Nigeria in tandem with the Federal Polytechnics Act.”

He argued that the Polytechnic Governing Council acted beyond its powers to suspend him without approval from the Office of the President.

He also said there was no fair hearing prior to his suspension.

Delivering the judgment, Justice Polycarp Hamman held that “the office of the Rector is tenured and regulated by statute, and cannot be tampered with unless as provided in the statute creating the office.”

He added that the statute states that suspension of the Rector must be on the authority or instructions of the President of the Federal Republic of Nigeria or even the Honourable Minister of Education, adding that there was no evidence that the duo signed the claimant’s suspension.

“The Defendants are hereby restrained from using the Nigeria Police, the DSS, and other security agencies to harass the claimant or from confiscating any of the properties of the 1st Defendant entrusted to his care by virtue of his position as the Rector of the 1st Defendant.” The Court held.