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The National Industrial Court sitting in Akure has ordered Osun State Government to review the promotion of Mr Olabisi Abidemi to the post of Director on Grade Level 17.
The court also held that the decision not to promote him was unfair and against the principles of public administration.
In a judgment delivered by Justice Kiyersohot Damulak, the court ordered the Governor of Osun State, the Attorney General, the Head of Service and the State Civil Service Commission to review Abidemi’s candidature in line with the Osun State Public Service Rules.
The court ordered that any promotion resulting from the reconsideration should take effect from the date it should have been effected and awarded N500,000 as the cost of the action in favour of the claimant.
“Abidemi joined the Osun State Civil Service in May 2004 and was promoted to the position of Deputy Director on Grade Level 16 in July 2021,” according to court records.
The claimant, who testified in court that he was on an approved leave of absence but whose name was listed among officers due for promotion interview to Grade Level 17 in August 2025, took part in the exercise.
Abidemi said also that he waited for the outcome after the interview but heard nothing about his promotion status and so he wrote complaint and appeal letters to the Head of Service.
However, in their defence, the Governor of Osun State and the other defendants argued that “Abidemi was not denied promotion because of his leave of absence but because he did not meet requirements under the Osun State Public Service Rules, particularly those relating to continuous supervision by a reporting officer and annual performance evaluation reports covering four years.”
They also argued that “Abidemi had served the Osun State Civil Service for a period of only about eight months in the last eight years and that officers on leave of absence are not under the supervision of reporting officers during such periods.”
Counsel to the claimant, I. A. Mikaheel, argued that the Public Service Rules and the approval given for his client’s leave of absence did not provide that such leave could be used as a basis for denying promotion.
In delivering judgment, Justice Damulak held that “while promotion is not an automatic right, the discretion exercised by public authorities in statutory employment matters must be fair, transparent, consistent and in accordance with established rules.”
The court observed that “there was no written policy produced by the defendants that required an officer to be supervised by a reporting officer for four years before promotion could be considered.”
The court also observed that no report of the promotion committee, recommendation or documentary rationale for the exclusion of the claimant was presented before it.
“I, therefore, find that the defendants were inconsistent and unfair in their refusal to consider the claimant for promotion after listing him as eligible for promotion,” Justice Damulak said.
The court further held that Abidemi had been promoted to Grade Level 16 while on leave of absence and was subsequently short-listed for the 2025 interview, creating a legitimate expectation that the leave would not automatically disqualify him from being considered for promotion.
