National Industrial Court of Nigeria (NICN) has quashed the decision of the Lagos State University (LASU) Governing Council taken three years ago against Prof Olatunji T.F Abanikannda and ordered his reinstatement to his professorial position.
In his judgment, Justice B.B. Kanyip declared that the professorial appointment of Abanikannda , which followed due process, made by the Appointment and Promotions Committee of the 1st defendant and approved by the 2nd defendant on October 23, 2012 is valid and cannot be invalidated.
On August 2016, the Prof Adebayo Ninolowo-led governing council of LASU invalidated the promotion of Abanikannda, a Professor of Animal Breeding and Genetics, Department of Zoology and Environmental Biology.
Among the reliefs sought by the claimant include the declaration that the Appointment and Promotions Committee of the 1st defendant is the only body that is statutorily charged with the responsibility of appointing and promoting staff, that the professorial appointment of Abanikannda which followed due process, made by the committee and approved by the 2nd defendant on October 23rd, 2012 is valid and cannot be invalidated, that the claimant satisfied the advertised requirements for the appointment of professor and a declaration that by virtue of the Conditions of Service guiding senior staff in the university, 2008, the defendants have no power to invalidate the claimant’s appointment.
Other reliefs sought include the declaration that the claimant’s promotion to the position of associate professor was concluded and approved, that the Ad-Hoc Committee set up by the 2nd defendant has usurped the power of the appointments and promotions committee of the 1st defendant, who is statutorily charged with the responsibility of appointing and promoting staff, an order of the court setting aside and or quashing the decision of the 2nd defendant that invalidated the professorial appointment of the claimant, an order to reinstate the claimant to his professorial appointment forthwith and make payment of his entitlements from July 14 2016 till date, demand of N100 million to be paid by the defendants to the claimant as damages and an order of the court restraining the defendants whether by themselves, servants and or agents from taking any step whatsoever to invalidate his professorial appointment that followed due process.
In their submission, the defendants claimed that Abanikannda merely used his personal friendship with the erstwhile former Vice Chancellor of the 1st defendant, Prof John Obafunwa, to circumvent the system contrary to the clear and unambiguous provisions of the Conditions of Service.
The judge noted that the reasons adduced for the invalidation and withdrawal of the professorial appointment of Abanikannda by the defendants vide exhibit D12 dated August 1st, 2016 is not only wrong but most unjust.
“Arguments of the claimant as to not being given fair hearing do not even arise as the very action of the defendants invalidating and withdrawing his professorship is wrong and unjust ab initio. This being so, the claimant’s case has merit in terms of reliefs (2), (3), (4), (7), (8) and (10), which are hereby granted,’’ Justice Kanyip ruled.
Justice Kanyip also declared that by virtue of the facts and circumstances surrounding the case, the claimant (Abanikannda) satisfied the advertised requirements for the appointment of professor in the 1st defendant’s university.
“It is herein declared that in virtue of the Conditions of Service guiding senior staff in the university, 2008 the defendants have no power to invalidate the claimant’s appointment.
“It is ordered that the decision of the 2nd defendant dated 1st August, 2016 that invalidated the professorial appointment of the claimant is hereby set aside,’’ the judge declared.
He further ordered that the defendants should reinstate the claimant to his professorial appointment forthwith and make payment of his entitlements from 14th July 2016 till date.
His ruling: ‘’The defendants, whether by themselves, servants and or agents, are hereby restrained from taking any step whatsoever to invalidate the claimant’s professorial appointment that followed due process.’’