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 in seniority or rank to him.
The court held that the former TUC chairman was not given fair hearing by an Administrative Panel of Enquiry which investigated him for alleged involvement in partisan politics.
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 February 22, 2016, when he was unlawfully retired, till the date of his reinstatement.
The judge also restrained the defendants from victimising or penalising the claimant from carrying out his duties as a civil servant in the state.
But the court refused Olaiya’s prayer that he be paid N5 million damages.
It held that doing so would 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 gave Olaiya compulsory retirement after accusing him of involvement in partisan politics when he appeared at an endorsement rally organised by the Labour Movement for former Governor Kayode Fayemi ahead of the 2014 governorship election.
An administrative panel of enquiry was set up, which recommended Olaiya’s demotion and compulsory retirement from service.
The NICN held that “there is no single document on record evincing the fact that the claimant actually canvassed, printed, distributed, pasted and carried the membership card of a particular party, as alleged; also that the video clip relied upon by the defendants is equally not before the court”.
It added: “It is the law that where facts are not supported by credible evidence, it goes to no issue.
“I find also that the claimant wrote to the panel requesting it to invite certain members of the labour union vide 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 February 22, 2016.
“He is also to be paid all his salaries and entitlements without losing any rank from February 22, 2016, when he was unlawfully compulsorily retired from his employment by the defendants, till the date of his reinstatement. I so hold.”