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From Oluseye Ojo, Ibadan
The National Industrial Court of Nigeria (NICN) sitting in Ibadan, the Oyo State capital, has declared as null, void and of no effect the termination of appointment of a senior lecturer in the Department of Microbiology, University of Ibadan, Dr Adenike Ogunshe, by the institution’s authorities barely five years ago.,
Justice John Peters set aside the two letters of termination of appointment, dated June 14, 2016, and August 15, 2016, written by the University of Ibadan and the Governing Council of the institution respectively and sent to Ogunshe.
It was gathered that as of 2016 Ogunshe had taught in the university for 15 years. But she was sacked for refusing to vacate her office after she was told to do so by the management. The office she was asked to vacate was termed a preparatory room.
But she refused to do so based on what she described as security threats to her life, which reportedly started in 2006 during a controversy that trailed the appointment of a Head of Department for Microbiology Department of the university.
After the termination of her appointment, she dragged the University of Ibadan and others to the National Industrial Court and prayed the court to set aside the sack. She said only one issue out of ten the three issues that her sack was predicated on, was brought to her attention, which was the refusal to vacate the preparatory room in final year laboratory. The other two issues are insubordination and flagrant disregard for constituted authority.
Justice Peters, while delivering the 24-page judgment declared the entire process that led to the termination of Ogunshe’s appointment as null, and void and of no effect whatsoever for infraction of the applicable rules and regulations of the University of Ibadan.
The court, however, ordered the University of Ibadan to pay the Ogunshe, N13,607,028.08, only, being her salary arrears from August 15, 2016, to the date of the judgment. The court also ordered the defendants to pay N200,000 only as the cost of the proceedings.
Justice Peters held that the employment of the claimant – Ogunshe, is regulated and protected by a combined reading of the University of Ibadan Act and Exhibit AO6- Staff Information Handbook – Rules and Regulations Governing Conditions of Service of Senior Staff.
The court stated that the employment of staff with statutory flavour, who has been found guilty of misconduct cannot be terminated by the employer as presented in the case without full compliance with the established disciplinary procedure.
The employment of Ogunshe, according to the court, is one with statutory flavour and that the defendants had failed to comply with the applicable rules and regulations, guiding the employment relationship, especially in respect of the termination of her appointment.
