Court Orders Immediate Reinstatement Of Open University Principal Officer Abayomi Ipaye

His Lordship, Hon. Justice Sanusi Kado of the National
Industrial Court sitting in Abuja has declared the purported
termination of Mr. Abayomi Ipaye from the National Open University
as unconstitutional, null and void; ordered for his immediate
reinstatement with payment of salaries benefit from July 2017 till
date and to be accorded with all rights and privileges as a
Principal Executive Officer.

The Court held that Abayomi’s was not given the opportunity by
the Governing Council to defend himself as required by the
University Act and the Institution did not follow due process in
terminating Abayomi’s employment; awarded the cost of N500,000.00
against the University.

From facts, the claimant- Abayomi Ipaye had submitted that he
was promoted to Principal Executive Officer, the position he held
till the period of his employment termination without being queried
neither invited to appear before any disciplinary panel, that his
termination was not in accordance with the regulations governing
his employment.

In defence, the University maintained that Abayomi’s had
instances of misconducts with severally warnings and Queries, some
of which queries he deliberately refused to respond to, that his
employment termination was in accordance with the rules and
regulations governing his employment and in line with the
University act, urged the Court to dismiss the case in its
entirety.

In reply, the Abayomi’s Counsel also submitted that his client
was not on probation to be given salary in lieu of notice and was
not even aware of any allegation of misconduct brought against him
that the Institution acted without due course to the provisions of
the University Act, urged the court to grant the reliefs
sought.

After listening to the submissions of both parties, delivering
the judgment, the presiding Judge, Justice Sanusi Kado held that
the appropriate organ of the University that has the power to
terminate the appointment of the claimant was not the one that
terminated the appointment.

“In other words, where the law provides for the mode or method
to be followed in doing an act, that mode, and no other, must be
strictly followed.

“From the content of the DW1T -Request for ratification of the
termination and letter of termination, there appears to be
confusion and contradiction in that in exhibit DW1T the case
against the claimant was stated to be insubordination and gross
misconduct. While in the termination letter, it was stated that the
claimant’s service was no longer required.

“Therefore, the action of the Governing Council in ratifying the
termination of employment of the claimant was done in flagrant
violation of section 14 of the National Open University of Nigeria
Act and the right of the claimant to be heard and given the
opportunity to defend himself on the allegations of insubordination
and gross misconduct.” Justice Kado ruled.

His Lordship, Hon. Justice Sanusi Kado of the National
Industrial Court sitting in Abuja has declared the purported
termination of Mr. Abayomi Ipaye from the National Open University
as unconstitutional, null and void; ordered for his immediate
reinstatement with payment of salaries benefit from July 2017 till
date and to be accorded with all rights and privileges as a
Principal Executive Officer.

The Court held that Abayomi’s was not given the opportunity by
the Governing Council to defend himself as required by the
University Act and the Institution did not follow due process in
terminating Abayomi’s employment; awarded the cost of N500,000.00
against the University.

From facts, the claimant- Abayomi Ipaye had submitted that he
was promoted to Principal Executive Officer, the position he held
till the period of his employment termination without being queried
neither invited to appear before any disciplinary panel, that his
termination was not in accordance with the regulations governing
his employment.

In defence, the University maintained that Abayomi’s had
instances of misconducts with severally warnings and Queries, some
of which queries he deliberately refused to respond to, that his
employment termination was in accordance with the rules and
regulations governing his employment and in line with the
University act, urged the Court to dismiss the case in its
entirety.

In reply, the Abayomi’s Counsel also submitted that his client
was not on probation to be given salary in lieu of notice and was
not even aware of any allegation of misconduct brought against him
that the Institution acted without due course to the provisions of
the University Act, urged the court to grant the reliefs
sought.

After listening to the submissions of both parties, delivering
the judgment, the presiding Judge, Justice Sanusi Kado held that
the appropriate organ of the University that has the power to
terminate the appointment of the claimant was not the one that
terminated the appointment.

“In other words, where the law provides for the mode or method
to be followed in doing an act, that mode, and no other, must be
strictly followed.

“From the content of the DW1T -Request for ratification of the
termination and letter of termination, there appears to be
confusion and contradiction in that in exhibit DW1T the case
against the claimant was stated to be insubordination and gross
misconduct. While in the termination letter, it was stated that the
claimant’s service was no longer required.

“Therefore, the action of the Governing Council in ratifying the
termination of employment of the claimant was done in flagrant
violation of section 14 of the National Open University of Nigeria
Act and the right of the claimant to be heard and given the
opportunity to defend himself on the allegations of insubordination
and gross misconduct.” Justice Kado ruled.