Court orders UNILAG to reinstate sacked lecturer

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Court orders UNILAG to reinstate sacked lecturer

By Henry Ojelu

LAGOS— The National Industrial Court sitting in Lagos has ordered the University of Lagos, UNILAG, to reinstate a former lecturer, Mr Bamisaye Olutola, whose employment was terminated on July 6, 2021, over an allegation of sexual harassment.

Delivering judgment in suit number NICN/LA/441/2021, Justice Ikechi Nweneka held that the claimant’s appointment as Lecturer II was still valid and subsisting, contrary to the University’s claim.

The court ruled that the institution acted unlawfully in terminating Olutola’s employment and described the indefinite suspension imposed on him as a violation of due process.

Olutola had approached the court to seek several reliefs, including a declaration that his employment, having lasted over four years, was deemed confirmed and could not be terminated without following laid-down procedures. He also requested the court to reinstate him with full entitlements.

In a judgment that spanned several consequential orders, Justice Nweneka declared that Olutola’s appointment stood confirmed by virtue of his uninterrupted service, and faulted the University’s failure to comply with statutory disciplinary procedures.

The court not only ordered Olutola’s immediate reinstatement but also mandated the University to pay all his outstanding salaries and allowances from August 2021 till date. UNILAG is to continue paying him henceforth as a full staff member.

Specifically, the court stated: “The Defendant is hereby ordered to reinstate the Claimant to his position and employment without loss of seniority, promotion, or emoluments. The Defendant shall pay the Claimant his full salary and allowances from August 2021 until today and continue to pay his salary thereafter.”

Additionally, the court granted an order of perpetual injunction restraining the University, its agents, or privies from unlawfully interfering with Olutola’s employment in the future.

In awarding costs, the judge directed UNILAG to pay the sum of ¦ 750,000 to the Claimant as the cost of the suit.

Justice Nweneka further held that the judgment must be complied with within 30 days, after which the monetary awards would begin to accrue interest at 10 percent per annum from August 15, 2024, until the full judgment sum is paid.

While declining Olutola’s request for a post-judgment interest of 20 percent per annum, the court clarified that: “This court is empowered by Order 47 Rule 7 of the National Industrial Court of Nigeria (Civil Procedure) Rules, 2017, to award post-judgment interest at a minimum rate of 10 percent per annum. The Claimant failed to provide sufficient evidence to support a claim for 20 percent.”

The judge ruled that the statutory minimum of 10 percent annual interest shall apply, effective from August 15, 2025, should the judgment sums remain unsettled.

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