IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA
HOLDEN AT AKURE
AKURE JUDICIAL DIVISION
BEFORE HIS LORDSHIP HON. JUSTICE O.O. OYEWUMI
DATE: 4TH MARCH, 2019
SUIT NO: NICN/IL/02/2016
Between:
OLOMO SOLIHU ABDULRAHEEM & 57 ORS
Claimants
And
1.UNIVERSITY OF ILORIN
2. THE GOVERNING COUNCIL UNIVERSITY OF ILORIN
3. PROF. ABDULGANIYU AMBALI
(Vice Chancellor, University of Ilorin)
4. E.D. OBAFEMI
(Registrar & Secretary to University of Ilorin)
Defendants
Appearances
Oluronke Adeyemi Esq. for the Claimant, with her is Kunle Ajayi Esq.
Yakub Dauda for the Defendants with him is Tajudeen Sogo Esq.
JUDGMENT
The Claimants claim against the Defendants jointly and severally the underlisted reliefs vide a General Form of Complaint filed on 8th March, 2016:
1. A Declaration that by virtue of the letters of appointment and University of Ilorin Act and Conditions of Service made pursuant thereto the employments of the claimants with defendants are still subsisting.
2. A Declaration that the defendants’ letter dated 27th November, 2015 to the claimants titled “Cessation of Appointment” purporting to terminate the claimants’ appointment with the 1st defendant is in bad faith, malicious, ultra vires, null and void and contrary to the express provisions of University of Ilorin Act and Conditions of Service made pursuant thereto and therefore of no effect whatsoever.
3. A Declaration that the defendants are not entitled to summarily terminate the claimants’ appointments without complying with the provisions of University of Ilorin Act Cap. 455 Laws of the Federation of Nigeria, University of Ilorin Condition of Service and other relevant statutes.
4. A Declaration that the purported termination of the claimants’ appointment by the defendants under the guise of “Cessation of appointment” or under any guise whatsoever is contrary to the provision of the Pension Act of Nigeria in that the claimants permanent to the provision of the Pension Act of Nigeria in that the claimant are permanent and pensionable staff of the University.
5. A Declaration that the purported terminations of the claimants’ appointment by the defendants negate the claimants’ fundamental rights provisions of the Constitution of Federal Republic of Nigeria, 1999.
6. An order setting aside the purported terminations of the claimants’ appointment and nullifying the defendants’ letter to the Plaintiff in that regard.
7. An order compelling the defendants to reinstate and/or restore the claimants to their posts as staff of University of Ilorin with all their rights, entitlements and other perquisites of their offices.
8. An order compelling the defendants to pay the claimants all their arrears of salaries and allowances from 1st of December, 2015 till the day of Judgment and henceforth.
According to the statement of the claimants, they were employed by the 1st defendant through their various letters of appointment to various positions at the 1st defendant’s employment and their appointment was confirmed. That some of them received the optional letters of regularization of their employment and were promoted, they were also issued Identity cards confirming their employment as members of staff of the 1st defendant.
They averred that their appointments were purportedly terminated through letters dated 27th November, 2015 titled “Cessation of Appointment” by the 4th defendant on the ground that the University is transiting from a public to private school, hence, the need to re-organize the school, contrary to the procedure for termination of appointment contained in University of Ilorin Act and Conditions of service made pursuant thereto sometimes in December, 2015 and that they thereafter wrote a letter of appeal dated 8th December, 2015 to the 2nd defendant to no avail. That the 1st defendant published in the The Nation newspaper of Monday, January 4, 2016 their positions vacant to the general public calling for interested members, they further stated that by virtue of their cadre and status, they are entitled to three months salary in lieu of notice and not one month salary in lieu offered to be paid by the 4th defendant.
They averred that the claimants were employees of the 1st defendant in the Primary School established by it and were under the control and management of the University Primary School Management Board, that their letters of appointment did not indicate that their employment are permanent and even if they are permanent, either of the parties can terminate the said employment upon fulfillment of the required notices contained in their appointment letters and that the confirmation of their appointment and promotion were solely under the management and control of the abovementioned Board after the recommendation by the Head of the primary school. It is stated that the 1st defendant’s Condition of service is not applicable to the claimants and that assuming without conceding it is applicable, they have not done anything contrary to same. Defendants further averred that prior to the issuance of letters of 27th November, 2015, they discussed the issue with the claimants in the meeting of 12th November, 2015 and gave them option to re-apply if they were interested when advertisement to employ new staffers is out and will be given priority over others, which some of their colleagues did. That the re-organization carried out was as a result of circular issued by the National Universities Commission to all Universities that have University Schools via a Circular of 29th January, 2016, ref. NUC/ES/138/Vol.61/116. They stated that the procedure of terminating the appointment of the claimants was in line with the University of Ilorin Act, Condition of Service, their letters of appointment and the enabling laws.
It is finally stated that the claimants’ action ought to be dismissed for being incompetent, frivolous, gold-digging, misconceived, mischievous and same constitute an abuse of Court processes.
During trial, the claimants testified through Olomo Solihu Abdulraheem as CW1 and Okoro Bola Jane CW2. They adopted their sworn depositions dated 8/3/2016 as their evidence in this case and frontloaded some documents which were admitted and marked as Exhibits OS – OS6 and OB- OB3. The defendants also testified through one Adegoke Musiliudeen Salami, he adopted his statement on oath dated the 4th of May, 2016 as his evidence in the case and tendered documents which were admitted and marked as Exhibits S- S3.
However learned counsel to the claimants informed Court that claimants have been reinstated to their various offices and that the only outstanding claim is the claim for arrears of salaries and allowances from 1st December, 2015 until their reinstatement.
It is consequent upon the above that this Court encouraged parties to resolve the issue of arrears of salaries and allowances of the claimants amicably pursuant to Section 20 of the National Industrial Court Act, 2006 and the court facilitated the amicable settlement of this dispute culminating in the filing and execution of terms of settlement by both parties as witnessed by their respective counsel dated 22nd December, 2018 and filed on 1st March, 2019 is hereby entered as the Judgment of this Court as follows:
1. The claimants are being owed twenty one (21) month’s salary arrears by the Defendants.
2. That the Defendants having agreed to pay, they are ordered to pay the claimants’ twenty-one (21) months salaries as soon as the Federal Government releases the money to them.
3. That the payment is to be made once or instalmentally.
Parties are to bear their costs.
Judgment is accordingly entered.
Hon. Justice O.O. Oyewumi
Presiding Judge
