The National Industrial Court of Nigeria (NICN) has nullified the demotion and compulsory retirement of former Trade Union Congress (TUC) Chairman in Ekiti State, Mr. Kolawole Olaiya, by the Ayo Fayose administration.
The court also ordered that Olaiya be reinstated to his position as the Principal Legal Officer, the position he occupied before the compulsory retirement with no loss of seniority or rank.
Delivering the judgment in the suit filed by Olaiya, Justice Oyebiola Oyeyoju Oyewumi also ordered that the Claimant be paid all his salaries and allowances from 22nd February 2016 when he was unlawfully retired till the date of his reinstatement.
The judge further restrained the defendants from victimizing or penalizing the Claimant from carrying out his duties as a civil servant in the state.
Olaiya’s prayer that he be paid N5million damages was, however, refused by the court which held that doing so will amount to double compensation after granting a relief that his salaries and allowances be paid from the date of termination of his appointment.
The state government had handed Olaiya compulsory retirement, accusing him of involvement in partisan politics when he appeared at an endorsement rally held by the Labour Movement for former Governor Kayode Fayemi ahead of the 2014 governorship election.
An Administrative Panel of Inquiry was set up which recommended Olaiya’s demotion and compulsory retirement from service.
The court held that “there is no single document on record evincing the fact that the Claimant actually canvassed, printed, distributed, pasted and a card carrying member of a particular party as alleged and also that the video clip relied upon by the defendants is equally not before the court.
“It is the law that where facts are not supported by credible evidence, it goes to no issue.
“I find also that the Claimant’s wrote to the panel requesting it to invite certain members of the labor union vide exhibit Exhibit RK5, but they were not invited by the panel to testify.
“That is an infraction on the Claimant’s right to fair hearing and the procedure for determining Claimant’s employment. It is in the light of the above that I find that compulsory retirement of the Claimant was unlawful.
“It is in this light that I find that the Claimant is entitled to be reinstated back to his position before his unlawful demotion and compulsory retirement on the 22nd February, 2016.
“He is also to be paid all his salaries and entitlements without losing any rank from 22nd of February, 2016, when he was unlawfully compulsorily retired from his employment by the defendants till the date of his reinstatement. I so hold.”
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