Hon. Justice Rabiu Gwandu of the Lagos Judicial Division of the National Industrial Court has declared the decision of the “University Authority” as contained in the University of Lagos’s letter dated 2nd August, 2021 purporting to remove Dr. Mobolaji, a Senior Lecturer from his employment as an Academic Staff of the University of Lagos without prior compliance with the provisions of Section 36 (1) of the Constitution and Section 18 (1) of the University of Lagos Act as unconstitutional, unlawful, null and void.
The Court ordered the University of Lagos to pay Dr. Mobolaji all his emoluments that have accrued from 2nd August, 2021 to May 2023, which would have been Dr Mobolaji’s statutory retirement age.
Justice Gwandu held that the University of Lagos acted unlawfully in the compulsory retirement of Dr. Mobolaji without adhering to the statutory procedures, and awarded him the sum of N5,000,000 (Five Million Naira) as exemplary damages.
From facts, the claimant, Dr. Fadakinte, submitted that he was compulsorily retired on 2nd August 2021 following allegations of falsifying his date of birth. He argued that the retirement was unlawful, unconstitutional, and deprived him of his right to a fair hearing.
In defence, the Defendants, the University of Lagos, its Council, and Senate, maintained that the retirement of Dr Mobolaji was lawful because Dr Mobolaji had reached the mandatory retirement age, as per official records, which did not affect the validity of the retirement. They argued that the University acted within its powers.
The University and others further argued that Dr Mobolaji had no right to additional benefits or compensation beyond statutory retirement provisions and urged the Court to dismiss the case.
In opposition, Dr. Mobolaji’s counsel, Bamidele Akinyemi Esq, argued that his client’s compulsory retirement was wrongful, discriminatory, and procedurally flawed, urging the Court to grant the reliefs sought in the interest of justice.
In a well-considered judgment, the presiding Judge, Justice Gwandu, affirmed the jurisdiction and held that the superior officer cannot unilaterally usurp the powers of the Senate and Council of the University of Lagos, in being accuser, investigator and Judge.
The Court held that the University of Lagos Act and the Constitution require that any academic staff facing removal must be investigated by a Committee of the Senate, given the opportunity to be heard, and that the Council may only act after considering the report of the committee.
The Court ordered that the University of Lagos to pay Dr Mobolaji all his emoluments accrued from 2nd August 2021 till the date of statutory retirement, 17th May 2023, and the sum of N5,000,000 as exemplary damages.
Justice Gwandu emphasized that the University authorities cannot act as accuser, investigator, and judge simultaneously, and that compulsory retirement must strictly comply with statutory provisions.
