UNILAG
Court orders UNILAG to reinstate sacked lecturer
The National Industrial Court has ordered the authorities of the University of Lagos to reinstate a former staff member of the institution, Mr. Bamisaye Olawale Olutola, whose employment was terminated on July 6, 2021 over sexual harassment allegation.
The lecturer had earlier approached the court asking it to declare that his appointment as Lecturer II had not been determined and was still subsisting.
He also requested the court to grant his request that, having worked for over four years with the University of Lagos, his employment was deemed confirmed, among others.
Delivering judgment, in Suit No. NICN/LA/441/ 2021, between Mr Bamisaye Olawale Olutola (Claimant) and University of Lagos (Defendant), in the National Industrial Court of Nigeria, in the Lagos Judicial Division, holden at Lagos, Hon Justice Ikechi Gerald Nweneka, said contrary to the claim of the University of Lagos, the Claimant’s appointment as Lecturer II still subsists.
The court also declared that the Claimant’s appointment is deemed confirmed.
The court equally declared that the Defendant cannot suspend the Claimant indefinitely without due process, ordering that the Claimant be reinstated to his position and employment without loss of seniority, promotion and emoluments.
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The Court further asked the authorities of the University of Lagos to “pay the Claimant his full salary and allowances from August 2021 until today, and shall continue to pay his salary thereafter.
“An order of perpetual injunction is made restraining the Defendant either by itself, its agent, privies, servants or any other person howsoever described from unlawfully tampering with Claimant’s employment.”
The Court also asked the Defendant to pay the Claimant N750,000.00 (seven hundred and fifty thousand naira) cost of this action.
Adding that “This judgement shall be implemented within 30 days from today, failing which, the monetary awards, as detailed in paragraphs (e)and (g) above, shall accrue interest at 10 % per annum from 15th August 2024 until the judgment sum is fully liquidated.”
While the court declined to grant the request of the Claimant seeking post-judgment interest of 20 % per annum, it pointed out that “This court is empowered by Order 47 Rule 7 of the National Industrial Court of Nigeria (Civil Procedure) Rules, 2017, to post-judgment interest at a minimum rate of 10 % per annum as the claimant has not provided sufficient evidence to support a claim of 20 % interest per annum.”
The court also averred that the “Claimant is only entitled to the statutory minimum interest of 10 % per annum, which shall be payable from 15th August 2025. Therefore, the claim is granted.”
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