The National Industrial Court of Nigeria (NICN), Lagos Division, has ordered the immediate reinstatement of Bola Disu to his substantive position as deputy registrar of Lagos State University of Education (formerly Adeniran Ogunsanya College of Education) Otto, Ijanikin, Lagos State.
Justice Elizabeth Orji, while delivering judgment in the suit filed by Disu through his counsel. O.A Orewale and Kehinde Takuro also ordered “the immediate payment of all salaries and allowances due to the claimant with any increment there on from the date of compulsory retirement up to the date of reinstatement.”
The court, headed by Justice Elizabeth Orji, also granted other reliefs sought by the former registrar which included the payment of all his entitlements since his purported compulsory retirement on August 31, 2016.
The industrial court declared that the university’s disciplinary committees set up to look into the matters relating to Mr. Disu, in the eyes of the law, constituted themselves into the claimant’s accusers and judges in their own case.
The court, therefore, nullified the decision arrived at, saying it was ultra vires the powers of the institution, adding that it deprived the claimant of fair hearing.
Justice Orji observed that same individuals’ names sat concurrently on all the investigative and trial committees and declared that such composition was prejudicial to Disu’s case before them.
The court further held that the appropriate procedure was not complied with before the claimant was retired.
According to Justice Orji, “the retroactive nature of the purported compulsory retirement of the claimant- Mr. Disu – vide a letter dated 31st of August 2016 by the defendants is in breach of the provision of chapter 3 of the Senior Staff Conditions of Service of the 1st Defendant, Section 32 of Lagos State College of Education Law, Chapter L11 Laws of Lagos State 2003, Lagos State Public Service Rules 2015 and the claimants constitutional right of fair hearing and therefore “unlawful, null and void.”
On the defendants’ counter-claim, filed through their counsels,. Malachy Ugwummadu and Opeyemi Adeoye, the court held that “they are not so entitled among other reasons, for having already officially represented it as duly retired.
“The counter claim therefore fails and is dismissed”, Justice Orji said.
The former registrar had approached the industrial court that he was not given a fair hearing in an orchestrated arrangement to deprive him of his means of livelihood.
He urged the court to order his reinstatement to his substantive position as a deputy registrar of the institution and order the payment of all his entitlements to date.