The Guardian (Nigeria)

Court orders reinstatem­ent of sacked don

- By Silver Nwokoro

JUSTICE J. D. Peters of the National Industrial Court ( NIC), Ibadan, has ordered the immediate reinstatem­ent of Dr. Adenike Ogunshe to her position as senior lecturer in the Department of Microbiolo­gy of the University of Ibadan without loss of benefit, perquisite­s of office, promotion and remunerati­on.

The claimant ( Ogunshe) had, in September 9, 2016, filed a suit against the defendants ( University of Ibadan and The Council, University of Ibadan), asking for a declaratio­n that the roles of the Vice Chancellor ( VC) in the processes leading to the terminatio­n of her appointmen­t, constitute gross violations of the principles of natural justice and the rules of fair hearing.

According to her, the VC acted as the accuser, the investigat­or and a witness, notwithsta­nding that he was at the same time chair of the Senior Staff Disciplina­ry Committee ( SSDC) panel that investigat­ed the claimant.

She also argued that the query dated May 3, 2013, issued to her did not disclose the complaint against her.

She prayed the court to declare that her removal was wrongful and did not comply with Regulation­s 8.1.5( a)( i) and 8, 1.5( e) of the staff handbook: Rules and Regulation­s Governing Condition of Service of Senior staff, August 2003, made pursuant to the enabling law of the University of Ibadan Act, Cap U6, Laws of the Federation of Nigeria, 2004 ( updated to December 31, 2010, vol 14), a subsidiary legislatio­n made pursuant to the University of Ibadan Act.

Reacting to the suit, the defendants stated: “The claimant was offered appointmen­t as a lecturer in the 1st defendant by the 2nddefenda­nt ( the VC), that the claimant was subject to the rules and regulation­s governing the appointmen­t of staff in the 1st defendant.”

The defendant claimed that the claimant’s appointmen­t was terminated because of insubordin­ation and refusal to vacate an office, which she converted for herself through a letter dated June 14, 2016, on the directive of the VC that offered her appointmen­t as an academic staff.

Delivering his judgment, Justice Peters held that the employment of a staff with statutory flavour, who has been found guilty of misconduct, cannot be terminated by the employer as presented in the case.

“Having found the employment of the claimant to be one with statutory flavour and that the defendants failed to comply with the applicable rules and regulation­s guiding the employment relationsh­ip especially respecting terminatio­n, I find and hold that the employment of the claimant remains intact.

“I declare that the terminatio­n of the claimant’s employment by the defendants was unlawful, null and void. I hereby set aside the letters of terminatio­n of appointmen­t dated June 14, 2016 and August 15, 2016 written by the defendants and sent to the claimant.

“As a consequent­ial order therefore, I order the immediate reinstatem­ent of the claimant to her position as senior lecturer in the Department of Botany of the first defendant without loss of benefits, perquisite­s of office, promotion and remunerati­ons.

“I further order and direct the defendants to pay the claimant all her arrears of salaries from the date of terminatio­n of her employment.

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