The National Industrial Court sitting in Jos, Plateau State adjourned to the 20th of June,2024 for further mention in a suit filed by the alleged illegal removal of the Rector of Plateau State Polytechnic, Dr. John Dawam.
Joined in the suit are the Governor of Plateau State, Plateau State Government, Attorney General, and Commissioner for Justice Plateau State, Plateau State Polytechnic through originating summons seeking 16 relieves.
The Counsel to the Plaintiff, Mr. Humphrey Dashe told journalists yesterday that they instituted suit No. NICN/Jos/04/2024 on 26th February 2024 against illegal suspension and removal of their client, John Dawam.
However, the absence of the judge stalled the matter from being mentioned over his alleged illegal removal as the Rector of Plateau State Polytechnic, including other tertiary institutions by Governor Caleb Manasseh Mutfwang.
Dashe harped on restraining the respondents to take further action on the institutions, pending a hearing of the motion on notice on originating summons.
According to Dawam the originating summons was brought before the Court under Section 256C (a), (d) and Section 36 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), Order 17 Rule 1 & 2 of the National Industrial Court (Civil Procedure Rule 2017 and under the inherent jurisdiction of the court.
However, sequel to proceedings Dashe stated that, “Common law and equity must be observed. The fact that claimant was issued a purported suspension letter ahead of 6th February, 2024 without a query. Suspension before query of the applicant is illegal.”
According to him, “The matter was in relation to the truncation of the tenure of the Rector Plateau State Polytechnic Barkin Ladi, Dr. John Dawam by the current government of Plateau State and the reason for his removal has not been advanced. That is why we view his removal as illegal, unlawful in the eyes of the law.”
He emphasized that the exercise remained unconditional and illegal because when the Caleb Manasseh Mutfwang administration was sworn-in, rumour peddlers were saying all heads of institutions were going to be sacked and the governor embarked on it without due constitutional procedure in consultation with board members.
Dashe disclosed that the information of removal was communicated by the Secretary to the State Government that all heads of institutions in the state were removed from office and new acting heads were appointed.
Dashe further explained to journalists that they were consulted by the embattled Rector with great concern on injustice that any meaningful individual required justice and fairness to all and sundry since he is part of the state and he has been discharging his function in accordance to the authority that appointed him .
“The case today was slated for mention and we came ready to commence the process of prosecuting the matter but unfortunately the court officials told us that the presiding judge was away on election tribunal somewhere”, he said.
Dashe revealed that the matter was further adjourned for mention on the 20th day of February, 2024.
“The matter is very clear. We felt that the governor was misled. He is a lawyer of so many years of practice and he is expected to follow the rule of law with due process,” he averred.
He reiterated that the governing council of the Polytechnic was boycotted in the removal of the Rector which was an aberration. “So we call on the governor to reverse the decision in the interest of justice.”
