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Court Awards N5.5Million Against Nigerian Polytechnic Over Violation Of Lecturer’s Rights, Orders Payment Of Withheld Salaries, Entitlements

Court Awards N5.5Million Against Nigerian Polytechnic Over Violation Of Lecturer’s Rights, Orders Payment Of Withheld Salaries, Entitlements
May 8, 2024

Justice Bashir said if the money was not paid by the school within 30 days, it would attract a post-judgment interest of 20 percent.

The National Industrial Court (NIC) in Port Harcourt has ordered Captain Elechi Amadi Polytechnic in Rumuola, Port Harcourt to pay its illegally suspended lecturer, Zoe Tamunotonye, all the outstanding salaries and entitlements the school owed him since 2022 to date.

In her judgement, the trial Judge, Justice, Zainab Bashir, also awarded N5 million in damages and N500,000 costs against the polytechnic for violating the rights of the lecturer.

The court further held that the unlawful suspension over allegation of sexual harassment of a female student and stoppage of his salary without revealing the report of the findings of the Committee set up by the polytechnic were unconstitutional and a violation of his fundamental rights.

Justice Bashir said if the money was not paid by the school within 30 days, it would attract a post-judgment interest of 20 percent.

Tamunotonye, a lecturer at the polytechnic had approached the court to order the management of the school to pay his salaries and entitlements and to stop his suspension over alleged sexual harassment even when the report of the panel set up by the school to probe the incident had not been made public.

Speaking after the judgement, the lawyer representing the plaintiff, Shuaib Mustapha, said “from every indication, it's evident that this man conducts himself with high discipline and principles in his duties at the polytechnic.

“This may be why some individuals within the institution are uncomfortable with him and have decided to victimise him. It is therefore a clear case of victimisation.

“How can you suspend your staff (member) on the 7th of January 2022 on a petition of allegations you received on the 14th of January 2022? How can the punishment come before the crime?

“Today, justice has been served, vindicating him because the polytechnic did not bring any evidence of Sexual Harassment to substantiate their allegation before the honourable court.” 

The court said the actions of the polytechnic against him were unlawful, unconstitutional and a violation of his fundamental rights.

Tamunotonye said, “Due to the cessation of my salary, I've struggled to address health issues and provide myself with adequate nutrition essential for supporting and improving my health and longevity. 

“Consequently, my lifestyle deteriorated, subjecting me to poor living conditions that could further diminish my life expectancy.”

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Legal