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By Gabriel Dike
The National Industrial Court (NIC), sitting in Lagos, has declared as illegal the interdiction and removal of Prof. Babatunde Solagberu from office as provost, Lagos State University College of Medicine (LASUCOM), by the former vice-chancellor, Prof. Lanre Fagbohun.
Solagberu was interdicted by the former VC, Fagbohun, and the illegal action was backed by the former Pro-Chancellor, Chairman of Governing Council of LASU. The law states that when staff is interdicted, he or she would be placed on half salary.
The Fagbohun administration interdicted Solagberu in 2017 and barred him from entering the university for four years. Again, the VC contradicted the law by paying him a full salary after six months without revoking the interdiction.
Solagberu was interdicted five times under Fagbohun’s administration, the first was a directive from the VC but was told he lacks such powers, the second one was a directive by the former Pro-Chancellor, Chairman of Governing Council, Prof. Adebayo Ninalowo, third interdiction was by council chairman on behalf of governing council, which was faulted, the fourth one was written by the registrar under expired council tenure and the fifth interdiction through the council.
Delivering judgment, Justice P.B. Bassi, granted the reliefs sought by the claimant, Prof. Solagberu, which include his restatement as Provost of LASUCOM till the expiration period of 24 months, payment of all outstanding emoluments, allowances, and other perquisites of office, preserve the rights and privilege of the claimant as an employee of the second defendant, order preserving the rights and privileges of the claimant.
The first relief sought, is a declaration that the VC does not have the power to issue directives to interdict him under the Provisions of Statutes 10, 15(4) (a) and (b) and 17 of LASU law chapter L69, 2015, declare the report of Audit Review of the Financial Activities of LASUCOM as well as the decision of Finance and General Purposes Committee submitted to the VC as unconstitutional, null and void, NIC also nullified the letters of interdiction issued on the directive of the VC, setting aside the findings and recommendations of the report on audit review, an order setting aside decisions of the finance committee, letters of interdiction, a decision ratified by the council and joint council and senate disciplinary committee, injunction restraining the defendants from further investigating the activities of LASUCOM.
Justice Bassi said the defendants formulated four issues for determination, which are whether Solagberu was entitled to the reliefs being sought.
The judge said: “From the foregoing, it can be safely concluded that the defendants were in a hurry to indict the claimant. By Section 25(1)(a) of the Lagos State University Law, the steps prescribed in handling cases like the claimants were obviously ignored.”I, therefore, have no hesitation in finding that the claimant’s constitutional right to a fair hearing was breached by the defendants.
Reliefs 2, 3, 4, 5 and 6, therefore, succeed and are declared as prayed.’’On relief one, the judge said Solagberu had provided cogent and compelling evidence that he is entitled to his declaration and granted him based on provisions of LASU law chapter L69, 2015.
Justice Bassi said he has carefully considered Section 43(J), Statute 12(5) and (9), 13 and 15 of LASU law, adding, “I find that indeed there is nothing in the above provisions that confer powers on the 1st defendant to indict the claimant.’’
However, the judge dismissed relief 8 because there is no circumstantial evidence, and is unproven.
He stated that reliefs 9, 10, and 12 are untwined and hinged on whether or not Fagbohun could act as he did, “this court finds lacks the powers to control or direct the director of affairs of LASUCOM.
In his ruling, Justice Bassi stressed that all the terms of the judgment are to be complied with within 30 days and that parties are to bear their respective costs.
