Double Emoluments: Court Upholds Sack of Varsity Don

Justice J.D. Peters of the National Industrial Court in Ibadan has upheld the sack of a lecturer in Olabisi Onabanjo University (OOU), Dr. Elizabeth Aanu, for illegitimately drawing salary and pension simultaneously from both the university and Ogun State Universal Basic Education Board (SUBEB).

Delivering a judgment in the case filed by Aanu against the university, praying the court to declare the termination of her appointment as “wrongful, null and void,” Justice Peters upheld the submission of counsel to OOU, Mr. Felix Ogunmade, that given the stipulation in paragraph 2(a), Part 1 of the Code of Conduct Bureau and Tribunal (CCT) Act which prohibits receipt of two emoluments simultaneously, Aanu’s conduct as a public officer violated the fifth schedule of both the 1999 Constitution (as amended) and the CCT Act.

Counsel to Aanu, B.A. Ogunleye, had among others, sought declarations setting aside the sack of his client, who was engaged in August 2006 by Appointment and Promotion Committee (A&PC) of OOU for a probation period of two years but was not confirmed until her sack in June 2021.

The counsel also demanded for payment of arrears to Aanu and her reinstatement for what he described as wrongful termination of his client’s appointment.

Dr. Aanu who had been engaged by OOU as Assistant

Lecturer in 2006, failed to disclose to the institution that she had retired from SUBEB, paid gratuity and also earning pensions while also drawing a monthly salary from OOU.

She later obtained a doctoral degree and was consequently promoted to the position of Lecturer II but was not confirmed following the discovery that she had retired from SUBEB, drawing pensions and yet seeking another pensionable job with OOU.

Reviewing submissions before his final judgment, Justice Peters said: “Yet the question as to how the claimant disengaged from SUBEB remained unanswered. I, at this stage opt to ask some pertinent questions and proffer answers within the available evidence before me in resolving this issue. Did the Claimant work with SUBEB, Ogun State for 26 years? Yes.

“Did the Claimant retire from SUBEB, paid her gratuity and drawing monthly pensions? Again, I answer in the affirmative. While under cross examination in this case, Claimant in response to a specific question told the Court that she was paid her gratuity by SUBEB. She also responded to another question that she is presently receiving monthly pensions from SUBEB. She, however, stated that she could not say for how long she had been collecting pensions.”

Harping on Aanu’s misconduct by earning double emoluments, the judge added: