Hon. Justice (Prof) Elizabeth A. Oji of the National Industrial Court of Lagos Judicial Division has declared the refusal of the University of Lagos to assess, compute, and pay the terminal benefits of Late Prof. Luke Uche as arbitrary, unlawful, and high-handed.
The Court ordered the University of Lagos to immediately assess, compute, and furnish Prof. Uche’s widow and next-of-kin, Mrs. Joyce Uche, with details of all pensions, gratuities, emoluments, and disengagement entitlements due to her late husband and to pay the same within 60 days.
From facts, the Claimant, Mrs. Joyce Uche had submitted that her late husband, Prof. Luke Uche, was employed by the University of Lagos in 1982, confirmed in 1986, and promoted to Professor in 1996. Mrs. Joyce stated that her husband was suspended in 2001 and challenged the suspension in court up to the Supreme Court before his death on 6th October 2015.
Mrs. Joyce further told the Court that as the lawful administrator of his estate, she repeatedly requested the University to compute and pay his late husband entitlements, but the institution refused and instead alleged, without proof, that the deceased owed over N25 million.
In defence, the defendant, the University of Lagos, admitted that Prof. Uche was their staff but maintained that he was suspended and recommended for dismissal. The University claimed late Prof Uche owed salary paid in error, rent arrears, electricity bills, and damages to official quarters, insisting that the estate must settle the alleged debt before any benefit could be paid.
The University also argued that the Late Prof. Uche failed to obtain clearance certificates and other documents required under the Public Service Rules before processing entitlements.
In Opposition, Learned Counsel to Mrs. Uche, C.O.P. Emeka (SAN) argued that the late Prof. Uche was never dismissed and remained a suspended staff until his death, which entitled him to full salary and benefits. Counsel maintained that his client properly initiated clearance through the Human Resources Department and that it was the duty of the University, not that of Prof. Uche, to complete the internal process.
Learned SAN posited that his client’s alleged debt was a mere afterthought and bad faith, unsupported by any documentary proof, and urged the Court to grant the relief sought.
Delivering judgment after careful evaluation of the evidence, Justice Oji held that Prof. Uche died as a suspended staff member and was never dismissed from the employment of the University, that the suspension did not terminate his employment and did not affect his entitlement to emoluments.
Justice Oji held that the University failed to prove the alleged indebtedness of over N25 million, as no departmental reports, calculations, or documentary evidence were produced to support the claim.
Justice Oji held that the evidence before the Court sufficiently established that Late Prof. Luke Uche remained a suspended staff member of the University at the time of his death and that the refusal of the university to assess, compute, and pay his entitlements was arbitrary, unjustified, and unlawful.
The Court also awarded N2 million as costs against the University.
