The Presiding Judge, Yola Judicial Division of the National Industrial Court, Hon. Justice Mustapha Tijjani has set aside the purported termination of Dr. Bobboi Yakubu’s employment from the Modibbo Adama University of Technology, Yola for being unconstitutional, ultra vires and contrary to the Federal Universities of Technology Act.
The Court declared that Dr. Bobboi Yakubu, a Professor of Monogastric Nutrition and Management (subject to external assessment) in the Department of Animal Science and Range Management, cannot be removed from the said office except in accordance with the procedure laid down in Section 15 of the Federal Universities of Technology.
Justice Tijjani granted an order restoring Dr. Bobboi Yakubu to his post and office or offices and to all rights and privileges attached thereto, with payment of arrears of salaries and other emoluments from 1st January 2020 till date.
From facts, the claimant- Dr. Bobboi Yakubu had submitted that following a Petition by the Solicitors of a PhD Student, the Dean of the School of Agriculture constituted a 5-member Panel to investigate an alleged case of victimisation by the Claimant and one other, and were exonerated from the allegation.
He averred that the Vice Chancellor was not satisfied with the outcome of the Panel’s Report and set up another Committee to investigate an allegation of misconduct against them and following the submission of the second Committee’s Report, the Vice Chancellor set up a third Committee, Staff Disciplinary Committee, to consider the Report of the second Committee and make recommendations to the management of the University. That the Staff Disciplinary Committee, without inviting and hearing from him submitted its Report to the Vice Chancellor and recommended the termination of his appointment.
In defense, the Defendant- Modibbo Adama University of Technology, Yola averred that it rightfully and lawfully terminated the appointment of Dr. Bobboi Yakubu, pursuant to the conditions of service and his contract of employment on the ground that his services were no longer needed and the Three (3) Month’s Salary paid in lieu of notice is lawfully and validly done under the terms of his appointment.
The University also contended that the disciplinary proceedings initiated against the Claimant was never concluded and there is no law that makes it mandatory that every disciplinary procedure must be concluded before the power to terminate an appointment can be exercised under a contract of employment. Learned Counsel to the University argued that since the termination was not based on misconduct, there is no requirement of compliance with fair hearing.
Dr. Bobboi’s Counsel, L. D. Nzadon Esq argued that his client is an academic senior staff on a permanent and pensionable appointment with the University, who has a tenure appointment and as such any termination of his appointment must follow the laid down statutory procedure to be valid, lawful and effective.
Delivering the judgment after careful analysis of the submission of both parties, the presiding judge, Justice Mustapha Tijjani held that the only way to effectively terminate a contract with statutory flavour is to adhere strictly to the procedure laid down in the statute.
The Court held that the content of the Appointment Letter and Memorandum as to the Terms of Appointment clearly show that termination by giving notice or payment in lieu is only contemplated in the probationary period or contract appointment except where the staff concerned elects to leave Defendant’s employment in which case she/he can give notice or make payment in lieu which notice, unless otherwise agreed, shall expire at the end of the academic session.
Justice Tijanni furthered that Dr. Bobboi Yakubu’s appointment having not been terminated before it was confirmed, can only be terminated by recourse of the procedure and on the grounds provided in the University statute.
The court held that the argument of the University’s Counsel that employment can still be terminated upon payment of salary in lieu of notice in line with the statutory flavour employment contract does not represent the true position of the law.
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