Industrial Court orders Federal University Dutsinma to reinstate Prof. Olusola Omokore, payment of salaries from 2016 till date
KADUNA—The Presiding Judge of the National Industrial Court, Kaduna Judicial division, His Lordship, Hon. Justice Sinmisola Adeniyi has declared that the termination of the Prof. Olusola Omokore employment from Federal University Dutsinma as unlawful, illegal, null and void as it was done in violation of the statute and regulation guiding her contract of employment.
The Court held that the University lack the power to terminate the Claimant’s employment without the approval of the Council.
The Claimant-Omokore was one of the members of staff that were investigated by a fact-finding committee that was inaugurated by the Hon. Minister of Education to investigate petitions against the principal officers and some members of staff of the institution.
The Claimant also testified that the Pro-Chancellor, the Chairman of Council along with the others implemented the Committee’s report and terminated her appointment without according her fair hearing or without regard for the prescribed due process.
However, the Defendants filed Notices of Preliminary Objection which was dismissed by the Court for lacking merit.
Rather than filing defence to the suit, the defendants proposed a possibility of an out of court settlement. However, the case proceeded to trial after the learned counsel for the Claimant reported that settlement had failed.
Furthermore, Counsel to the claimant A.A Akume Esq. with S. A. Apeniga submitted that Claimant cannot be removed from her employment unless the terms and conditions of the University Act are complied with urged the court to hold so.
Delivering judgment, the trial Judge, Justice Adeniyi held that the Council did not sit to approve the recommendation of termination of the Claimant�s appointment by the fact-finding committee set up by the Federal Government.
“I agree with the learned Claimant’s counsel that the procedure as stipulated by the University Act was not followed before her employment was terminated by the Defendants. The Claimant’s employment cannot be terminated outside the laid down procedures contained in the said law.
“Furthermore, recommendation by a fact-finding committee of the Federal Government is not one of the grounds for taking disciplinary measures against the staff of the Institution.
The Court ordered immediate reinstatement of claimant to her employment in the University in appropriate position and level she ought to be at the moment had her employment not been unlawfully terminated, and payment of all her outstanding wages, salaries, allowances and other emoluments accruing to her from 28th October 2016 till date within two (2) months with 250,000 cost of action.
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