Justice Polycarp Hamman of the National Industrial Court, Port Harcourt judicial division, has set aside the suspension of Professor Tomunomi Abbey for non-compliance with the Federal Polytechnic Act and ordered his reinstatement as Chancellor of the Federal Polytechnic, Rivers Oil and Gas, Bonny. state
Citing the Federal Polytechnic Amendment Act 2019, the court said the governing body of the institution had no power to suspend or discipline the chancellor.
Judge Hamman also granted an injunction to the institution and its Governing Council to prevent Professor Abbey from performing his lawful functions as chancellor of the institution.
Professor Abbey stated that he was appointed Chancellor by the Minister of Education in 2018 with the authority and approval of the President of the Federal Republic of Nigeria in conjunction with the Federal Polytechnic Act.
He argued that the Governing Council of the Polytechnic acted ultra vires and that he was not given a fair trial before the suspension.
The defendants, the Federal Polytechnic of Oil and Gas Bonny and its Board of Governors, argued that the inquiry and subsequent suspension of Professor Abbey was done in the best interest of the Polytechnic, and based on the directive. Given by the Minister of Education to the Council of Government.
Giving judgment, the presiding judge, Mr Justice Hamman, said the Governing Council had exceeded its powers in suspending Professor Abbey and that the Chancellor’s position is regulated by statute and cannot be changed. except as provided in the statute for the creation of the office.
“The defendants are enjoined from impeding the Nigerian Police, DSS and other security agencies from harassing the claimant or confiscating any of the 1st defendant’s property left in his custody because of the 1st defendant’s position as rector.” The court ruled.
