The Presiding Judge, of the Akure Judicial Division of the National Industrial Court, Hon. Justice Kiyersohot Damulak has declared the refusal of the Governor of Osun State, Its Attorney General, the Head of Service and the State Civil Service Commission to consider Mr. Abidemi for promotion to the post of Director, Grade Level 17, after adjudging him eligible and inviting him for promotion interview as unfair, inconsistent and contrary to the principles governing fair administrative discretion in public service.
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The Court ordered the Governor of Osun State and 3 others to reconsider Abidemi’s candidature for promotion to Grade Level 17 in accordance with the Osun State Public Service Rules, without reliance on any undisclosed policy relating to leave of absence, and such promotion shall take effect from the date it ought properly to have taken effect, with the sum of N500k awarded as cost of action.
Justice Damulak held that the Governor of Osun State and 3 others acted unfairly in refusing to consider Mr. Abidemi for promotion after listing him as an eligible candidate for the promotion interview and inviting him to participate in the exercise.
From facts, the claimant, Mr. Olabisi Abidemi, had submitted that he was employed into the Osun State Civil Service in May 2004 and rose through the ranks to become Deputy Director, Grade Level 16, with effect in July 2021 and that despite being on approved leave of absence, he appeared on the list of officers eligible for promotion interview to Grade Level 17 held in August 2025, which he attended.
He further averred that he wrote letters of complaint and appeal to the Head of Service of Osun State after waiting for several days without any response regarding his refusal to be promoted despite being shortlisted and invited for the interview exercise.
In defence, the Governor of Osun State, the Attorney General of Osun State, the Head of Service of Osun State and the Osun State Civil Service Commission maintained that Mr. Abidemi was not denied promotion because of leave of absence but because he failed to satisfy the prerequisites for promotion under the Osun State Public Service Rules, particularly the requirement relating to continuous supervision under a reporting officer and annual performance evaluation reports for four years.
The Governor of Osun State and 3 others also stated that Mr Abidemi had only rendered service to the Osun State Civil Service for about eight months within the last eight years and that a civil servant on leave of absence does not render service to the state or remain under the supervision of a reporting officer during the period of such leave.
Abidemi’s Counsel, I. A. Mikaheel Esq, argued that there was nowhere in the Osun State Public Service Rules or in his client’s approval for leave of absence where leave of absence was made a basis for deprivation of earned promotion and submitted that the alleged recent policy relied upon by the Governor of Osun State and 3 others did not exist.
Delivering judgment after careful evaluation of the submissions of both parties, Hon. Justice Kiyersohot Damulak held that while promotion is generally not an automatic right, the discretion of a public authority in a statutorily regulated employment must still be exercised fairly, consistently, transparently, and in accordance with the applicable Rules.
The Court stated that no written policy that Abidemi must be under the supervision of a reporting officer for four years was produced before the Court, and the defendants equally failed to place before the Court the report of the promotion committee, the committee’s recommendation or any documentary explanation showing precisely why Abidemi was denied consideration.
The Court held that the Osun State Public Service Rules did not contain any provision expressly stating that an officer on approved leave of absence automatically forfeits promotion consideration and noted that Mr. Abidemi was previously promoted to Grade Level 16 in 2021 while still on leave of absence.
Justice Damulak stated that by previously promoting Mr. Abidemi while on leave of absence and subsequently shortlisting him again in 2025 for promotion interview, the Governor of Osun state created a legitimate expectation that leave of absence would not automatically disqualify him from promotion consideration.
“I therefore find that the defendants acted inconsistently and unfairly in refusing to consider the claimant for promotion after listing him as eligible for promotion.” The Court ruled
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