Industrial Court Nullifies Lecturer’s Termination, Orders Immediate Reinstatement
The National Industrial Court of Nigeria, Bauchi Judicial Division, has nullified the termination of a lecturer with Sa’adu Zungur University, Bauchi, and ordered the institution and its Governing Council to immediately reinstate him with his full rights and entitlements.
Presiding Judge, Hon. Justice Mustapha Tijjani, held that the university authorities violated the institution’s enabling law and the 1999 Constitution, as amended, by failing to comply with the prescribed disciplinary procedure and the lecturer’s right to fair hearing.
CONTINUE READING THIS ARTICLE BELOW AFTER THESE IMPORTANT NOTICES
Log in to primsol.lawpavilion.com and store.lawpavilion.com to enjoy the best E-journals, textbooks, and many more. For further enquiries/assistance, send an email to customercare@lawpavilion.com or call 08050298729
The lecturer, Muhammed, had been appointed as an Assistant Lecturer before he was subjected to disciplinary proceedings over allegations of misconduct.
Challenging his termination, Muhammed argued that he was denied the opportunity to personally appear before the Governing Council or a properly constituted joint committee to defend himself, as required under the university’s enabling law and conditions of service.
The university, however, maintained that Muhammed had been given several opportunities to respond to the allegations before the Investigation Committee and Senior Staff Disciplinary Committee.
The university authorities also argued that Muhammed failed to exhaust the internal appeal mechanism provided under the institution’s conditions of service before approaching the court, urging the court to dismiss the suit in its entirety.
In his judgment, Justice Tijjani distinguished between compliance with the university’s internal disciplinary procedures and compliance with the statutory requirements contained in its enabling law.
The court held that although Muhammed appeared before the Investigation Committee and Senior Staff Disciplinary Committee, neither committee constituted the joint committee of the Governing Council and Senate contemplated by the university’s enabling law.
According to the court, the law required that, upon an appropriate request, Muhammed be given an opportunity to appear before and be heard by the prescribed joint committee before the Governing Council could take a final decision on his removal.
Justice Tijjani therefore found that the university failed to comply with the statutory procedure for terminating Muhammed’s appointment, adding that the failure amounted to a denial of fair hearing.
The court further held that the disciplinary proceedings could not be regarded as having lawfully displaced the statutory requirements contained in the university’s enabling law.
Consequently, the court partially upheld Muhammed’s case and declared his termination wrongful, unlawful, unconstitutional, null and void, and of no effect.
In addition to ordering his reinstatement, Justice Tijjani directed the university authorities to pay Muhammed his salaries, allowances and other emoluments from the date of his termination in February 2026 until the judgment is executed.
FOR SUPPORT TO BARRISTERNG BLOG, DONATE TO: 1. NAIRA ACCOUNT: 1023046978 - UBA 2. USD ACCOUNT: 5090743566 - FIDELITY BANK PLC
Call Bridget Edokwe Esq on 08060798767 or send your articles to barristerngblog@gmail.com
A Must-Have for Every Lawyer: Order Justice Alaba Omolaye-Ajileye’s Latest Books on Electronic Evidence Today: To order your copies, click the link below and order directly from the author:
https://velvety-cendol-7387ed.netlify.app/
SHOP NOW
The Price is 10k for Hard Copy less freight and 5k for E- Book copy in the Store of the Website. https://buokorie.com/store/ To access the hard copy, Call - 07087622283
