Court Nullifies Removal Of Prof Yusuf As Provost, Bars Kwara College Of Education From Replacement

The Presiding Judge, Akure Judicial division of the National Industrial Court, Hon Justice Kiyersohot Damulak has nullified the purported removal of the Prof. AbdulRaheem Yusuf on 25th May 2021 as provost of the College of Education, Ilorin.

Justice Damulak held that the purported removal of Prof. Yusuf was done contrary with the provisions of the College of Education, Law of Kwara State, 2006 and also in violation of the Prof. Yusuf’s fundamental right to fair hearing as enshrined in the Constitution of Federal Republic of Nigeria; ordered his reinstatement with payment of all outstanding salaries, allowances, benefits and other entitlements.

The Court further ordered that Governor of Kwara State, Council and Registrar of College of Education, Ilorin whether jointly or severally are not permitted to take any step to replace Prof. Yusuf as the Provost of the college having not exhausted his five (5) year statutory tenure.

Justice Damulak also ordered that the defendants by themselves, their servants, agents or privies shall not interfere with the functions and duties of the claimant as Provost of Ilorin College of Education or do anything or any act that is calculated to frustrate Prof. Yusuf in the discharge of his duties as the Provost of the college for the period of his stay in office.

From facts, the claimant- Prof. AbdulRaheem Yusuf had submitted that he was appointed as the Provost of the College of Education, Ilorin with effect from 2nd May, 2018 for a single term of five (5) years only, that the termination of his appointment/removal as Provost was done contrary to the terms of his appointment and same does not confirm with the provision of the College of Education, Laws of Kwara State, urged the court to grant the reliefs sought.

In defense, the defendants averred that Prof Yusuf can only enjoy the 5 years terms of his appointment if the interest of the college so demands, that his removal from office was in the interest of the college and in line with Section 26(5) of the college Law and not entitled to be paid any salary, allowances, benefit or any entitlement accruing to the occupant of the office of Provost of the 1st defendant, having been validly removed, urged the court to dismiss the case.

Learned counsel to Prof. Yusuf submitted that there was no consultation with the college council in compliance with the law establishing the college and the removal of his client was never shown to be in the interest of the college, urged the court again to grant the reliefs sought in the interest of justice.

The court in its considered judgment, the presiding Judge, Justice Kiyersohot Damulak held that there is no room for termination by notice in a statutorily protected tenured employment.

Justice Damulak further held that the removal from office of a tenured office holder before the end of his tenure is a harsh, unpleasant action and is an equivalent of dismissal as it necessarily implies wrong doing on the part of the office holder.

The court further held that removal being a punitive measure, no man shall be condemned unheard. There must be an allegation relating to the conduct of the claimant which was investigated and the claimant heard before a decision as grave as removal can be taken against him.