Paragraph 1: The Unlawful Termination and Legal Recourse
In 2021, the University of Lagos terminated the appointment of Mr. Bamisaye Olutola, an assistant lecturer in the Department of Public Law. Contesting this termination, Olutola filed a lawsuit (NICN/LA/441/2021) against the university at the National Industrial Court of Nigeria, arguing that the dismissal violated Section 18 of the University of Lagos Act, which mandates a Senate investigation into staff allegations. He asserted that his employment remained valid due to the illegality of the termination.
Paragraph 2: The Court’s Verdict and Reinstatement Order
Justice Ikechi Nweneka of the National Industrial Court, Lagos Judicial Division, ruled in Olutola’s favor on July 17, 2025. The court declared the termination null and void, affirming that Olutola’s appointment as Lecturer II subsisted and was deemed confirmed. The judge ordered his immediate reinstatement without any loss of seniority, promotion, or emoluments. The university was directed to pay all withheld salaries and allowances from August 2021 until the judgment date and to continue salary payments thereafter.
Paragraph 3: Further Reliefs Granted by the Court
Beyond reinstatement and back pay, the court granted Olutola further reliefs. A perpetual injunction was issued, restraining the university from interfering with his employment. The court awarded Olutola N750,000 as the cost of the action. The judgment stipulated a 30-day compliance period for the university, failing which the monetary awards would accrue a 10% annual interest from August 15, 2025, until full payment.
Paragraph 4: Olutola’s Claims and the Court’s Reasoning
Olutola’s initial suit sought ten reliefs, including declarations affirming his employment status, its confirmation based on his service duration, the university’s lack of power to indefinitely suspend him without due process, and an order for reinstatement with full back pay. He also sought general damages for the university’s actions and the costs of the lawsuit. The court meticulously addressed each claim, granting most and dismissing a few that were deemed duplicative or leading to double compensation. The judge emphasized that the unlawful termination meant Olutola remained in the university’s service and was therefore entitled to all his dues.
Paragraph 5: Background of the Case and Procedural Details
Olutola’s employment commenced in November 2016 and was regularized in March 2019. He was indefinitely suspended and subsequently terminated in July 2021 on the grounds of “services no longer required” following allegations of sexual harassment. He argued that the university failed to follow due process as mandated by the University of Lagos Act by not conducting a Senate investigation. Furthermore, his employment wasn’t confirmed despite serving over four years, a violation of his contract and the university’s regulations. The university’s defense centered on the claim that Olutola was still on probation, thus justifying the termination. Legal representation was provided by Chief Paul Omoijiade for Olutola and Ibukun Ajomo, B.A. Adesoji, and Victor Ilodigwe for the University of Lagos.
Paragraph 6: The Court’s Conclusion and Key Takeaways
Justice Nweneka’s judgment underscored the importance of adherence to statutory procedures and employment contracts within academic institutions. By declaring the termination null and void, the court upheld the principle of due process and the rights of employees. The comprehensive ruling, encompassing reinstatement, back pay, a perpetual injunction, and costs, comprehensively addressed the injustice faced by Olutola. This case serves as a significant legal precedent regarding unlawful termination and the rights of university staff in Nigeria. The detailed judgment offers clarity on issues of due process, confirmation of appointments, and the implications of violating university regulations and employment contracts.
