The Presiding Judge, Ibadan Judicial division of the National Industrial Court, His Lordship, Hon. Justice Dele Peters has nullified the purported appointment termination of Dr. Adenike Ogunshe from the University of Ibadan for non-compliance with the applicable Rules; ordered for her immediate reinstatement to her position as senior lecturer in the department of Microbiology without loss of benefits, promotion, and remunerations.
The court held that the university of Ibadan failed to comply with the applicable rules and regulations guiding Dr. Adenike’s employment relationship on termination.
Justice Peters also ordered the University, its council to immediately pay Dr. Adenike Ogunshe all her arrears of salaries from the date of her employment termination 15th August 2016 till date, with the sum of Two Hundred Thousand Naira only as cost of proceedings.
From facts, the claimant counsel, Femi Aborisade Esq had submitted that Dr. Adenike was queried for refusal to obey university authority order, a directive she refused to comply with based on the threat to her life that was known to the institution; was found guilty of insubordination and flagrant disregard for constituted authority an offense she was never given an opportunity to defend.
Learned Counsel prayed the Court to hold that the university did not strictly comply with the procedure laid down by them for the discipline of staff of her cadre.
In defense, the University learned Counsel, A.S Ajayi Esq submitted that the institution Act empowers the Governing Council to terminate the appointment of staff where it appears to Council that the said staff has been guilty of misconduct, that the refusal of Dr. Adenike to obey lawful order constituted misconduct.
Submitting further, learned Counsel averred that Dr. Adenike has not adduced credible evidence to justify her refusal to obey a lawful order and did not produce any Police Report on her claim of threat to her safety, contended that the university complied with the applicable rules and regulations in the dismissal, urged the Court to dismiss the case in its entirety.
In opposition, Dr. Adenike Counsel submitted that the University violated statutory provisions and also failed to strictly comply with the requisite laid down procedure in the Staff Handbook in terminating the appointment of his client, urged the court to grant the reliefs sought.
Delivering judgment after careful evaluation of all the exhibits tendered and admitted at trial, the presiding Judge, Justice Dele Peters held that the University and its council did not comply with the provisions of the university act before terminating Dr. Adenike employment.
“Having found the employment of the Claimant to be one with statutory flavor 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.” Justice Dele Peters