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…Over non-compliance with Poly Act 2019
• Restrains them from parading themselves as rectors
By Gabriel Dike
The National Industrial Court of Nigeria (NICN), Abuja Judicial Division has sacked five Federal Polytechnic Rectors appointed by President Muhammadu Buhari for contravening the Federal Polytechnic Act 2019.
The judgement with suit NICN: ABUJA/117/2021 was delivered by Justice O.A. Obaseki-Osaghae in a case between Anderson Ezeibe, National President, Academic Staff Union of Polytechnics (ASUP), 12 others as claimaints Vs the President, Federal Republic of Nigeria, Attorney General of the Federation and the five rectors as defendants.
Justice Obaseki-Osaghae set aside the purported appointment of the five rectors by the president because they failed to meet the minimum statutory qualification of the persons, who may apply for the post, which shall be a Chief Lecturer in the polytechnic sector with five years experience.
ASUP in June 21st, 2021 through originating summons sought the declaration of the court that the appointment of the five rectors of Federal Polytechnics by the president must be in accordance with the provisions of Section 8 (1) of the Federal Polytechnic (amendment) Act 2019.
The union further sought a declaration that a person including the five defendants is appointable as a rector by the president only and only if he possesses the relevant qualifications to apply for the post, which inter alia be a Chief Lecturer in the polytechnic sector with at least five years experience on that position among other criteria.
In his ruling, Justice Obaseki-Osaghae described the appointment of the five rectors as contrary to the clear provisions of Section 8 (2) (a) (i) of the Federal Polytechnics Act 2019, particularly with respect to their qualifications is ultra vires and null and void.
Justice Obaseki-Osaghae further ruled that the defendants not being appointable as rectors of the various federal polytechnics in the first place are not qualified to hold office as rectors of the said federal polytechnics.
He said: The purported appointment of the 3rd to 7th defendants by the 1st defendant is hereby set aside as they failed to meet the minimum statutorily qualification of the persons who may apply for the post which shall be Chief Lecturer in the polytechnic sector with at least five years experience on that position among other criteria.”
The judge gave an order of injunction restraining the president and the attorney general of the federation either acting by themselves or through their agents or representatives from doing anything whatsoever geared towards maintaining/or recognizing the defendants as rectors of the institutions.
He issued another injunction restraining the five defendants from parading themselves, assuming office or acting in the capacity of rectors of the various affected federal polytechnics while being statutorily unqualified to apply for the post of a rector of a federal polytechnic.
Justice Obaseki-Osaghae also restrained the five defendants, their servants, agents or privies or otherwise from submitting themselves or applying for appointment for the post of rector of any federal polytechnics not being statutorily qualified for such appointment.
The judge awarded the claimants the costs of N500,000.
