DR. DAVID D. YONGO -VS- FEDERAL UNIVERSITY DUTSINMA & 4 ORS

IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA

IN THE KADUNA JUDICIAL DIVISION

HOLDEN AT KADUNA

BEFORE HIS LORDSHIP: HON. JUSTICE E.D.E. ISELE – PRESIDING JUDGE

DATE: 13^TH JUNE, 2018

SUIT NO: NICN/KD/15/2016

BETWEEN:

DAVID D. YONGO………………………………………………..CLAIMANT

AND

FEDERAL UNIVERSITY DUTSINMA (FUDMA)
THE COUNCIL, FUDMA
THE VICE CHANCELLOR, FUDMA
PROF. HARUNA KAITA
THE REGISTRAR, FUDMA…………………………………………DEFENDANTS

REPRESENTATIONS:

Timothy T. Kyuga holding the brief of A.A. Akume for the Claimant

H.B. Akut holding the brief of A.D. Umar for the Defendants

CONSENT JUDGMENT

This suit was filed in this Honourable Court by a Complaint dated 14^th October, 2016 and filed on the same date where the Claimant’s claim is for:

A DECLARATION that the appointment and composition of the Council and Principal Officers of Federal University Dutsinma violate the Federal Character Principles and is therefore null and void.
A DECLARATION that the appointment of Prof. Haruna Kaita as Vice-Chancellor of Federal University Dutsinma is contrary to law and is therefore void.
A DECLARATION that Vice-Chancellor, Federal University Dutsinma has no power to approve the termination of Claimant’s appointment with the said University, being a Senior Staff.
A DECLARATION that the full time appointment of the Claimant was deemed to be confirmed after his mandatory 2 years probation expired and the 3^rd defendant did not exercise the option to terminate same.
A DECLARATION that the letter FUDMA/REG/PS066/1 of 18^th July, 2016 which purports to terminate the appointment of the Claimant is defective and therefore void.
AN ORDER setting aside the appointment and composition of the Council and Principal Officers of Federal University Dutsinma same being in violation of the Federal Character principles.
AN ORDER setting aside the appointment of Prof. Haruna Kaita as Vice-Chancellor of Federal University Dutsinma same being contrary to the statutorily prescribed procedure.
AN ORDER setting aside the termination of Claimant appointment with Federal University, Dutsinma vide letter Ref. No. FUDMA/REG/PS066/1 of 18^th July, 2016.
AN ORDER REINSTATING the Claimant to his job with the 3^rd Defendant as Lecturer I with effect from 18^th July, 2016 together with arrears of salaries, allowances, study fellowship, promotions, annual increment and other entitlements as prescribed in the University’s scheme and condition of service.

IN THE ALTERNATIVE TO PRAYER 9

AN ORDER compelling 3^rd, 4^th, 5^th and 7^th Defendants to pay the Claimant three months salary in lieu of notice in sum of N628, 200.75 being N209, 400.25 per month multiplied by 3 months.

The cost of action.

The parties to the suit filed their Terms of Settlement on the 27^th day of February, 2018 and agreeing as follows:

The Claimant be re-instated as Lecturer I in the Department of History and Strategic Studies of Federal University Dutsin-Ma on a salary of CONUASS II 4/6 (N2, 468, 304.00) on Provisional Appointment.
The re-instatement is predicated on the following mutually agreed terms:
Claimant’s years of service is deemed to have commenced with effect from the date he assumed duty under Full-Time Provisional Appointment, i.e 9^th May, 2012.
Claimant’s promotion and confirmation of appointment would reckon with his years of service as described in item (i) above.

iii. Claimant will serve a two year bond commencing July, 2016.

Consequent upon this reinstatement, there shall not be any victimization and or any further revisiting by investigative panels or committees of whatsoever name or style of the particular issues the subject of this letter without recourse to legal notices and statutes of the University.

In addition to the above and at the discretion of the Federal University Dutsin-Ma, the transfer of service of the Claimant from Benue State University to the Federal University, Dutsin-Ma is accepted with effect from 9^th May, 2012 a letter to that effect having already been issued.

COURT:

The Terms of Settlement filed on the 27^th of February, 2018 between the Claimant and the Registrar as representing other Defendants is hereby adopted and entered as the Consent Judgment of the Court.

…………………………………….

Hon. Justice E.D.E. ISELE

Presiding Judge.