The National Industrial Court sitting in Lagos, has ordered the reinstatement of an assistant lecturer with the University of Lagos (UNILAG), Bamisaye Olawale Olutola, who was illegally sacked from service by the university.

Olutola, an Assistant Lecturer in the Department of Public Law, Faculty of Law of the University of Lagos, had, in a suit marked NICN/LA/441/2021, dated 19th November 2021, challenged his sack from office and for his appointment to be deemed confirmed, having worked for four years.

In a judgement delivered by Justice Ikechi Gerald Nweneka on July 17, 2025, a certified true copy of it made available to Tribune Online on Sunday, the court held that the employment of the claimant subsists, as he cannot be suspended indefinitely by the university without due process.

The court ordered the reinstatement of the sacked law lecturer to his position and employment and emoluments, and that the university should pay him his full salary and allowances from August 2021 till the day of the judgement and thereafter.

Justice Nweneka also made an order of perpetual injunction restraining the University of Lagos, either by itself, its agents, privies, servants, or any person howsoever described, from unlawfully tampering with the claimant?s employment.

The judge further ordered the defendant to pay the claimant the sum of N750, 000 cost of action, adding that, the implementation of the judgement shall be within 30 days from the date of the judgement, failing which, the monetary awards shall accrue interest of 10 percent per annum from August 15, 2025 until the judgement sum is fully liquidated.

The lecturer, in his suit commenced on 19th November 2021, sought a declaration of the Court that his appointment as Lecturer II has not been determined and is still subsisting, having worked for over four years with the defendant, his employment is deemed confirmed and a declaration that the defendant and or her agents have no power to indefinitely interdict his employment from service without recalling him and without due process.

He also sought an order of the court reinstating him to his post and employment without loss of seniority, promotion and emoluments, an order compelling the University of Lagos to pay him his unpaid full salaries and allowances from the purported date of termination till liquidation and an order restraining the university from unlawfully tampering with his employment.

Other reliefs are, ?An order of this Honourable Court that the claimant, having worked with the defendant for more than three years, his employment is deemed confirmed as permanent staff pursuant to the claimant?s contract of employment.

?An order of this Honourable Court for general damages/compensation pursuant to Section 19 of the National Industrial Court Act, 2006 in the sum of N10 million for the unconscionable act of the defendant for her refusal to confirm the claimant?s employment and also subjecting him to pain and hardship on account of the unlawful termination.

?Cost of the action in the sum of N1,000,000.00, An order of this Honourable Court for post-judgment interest of 20% per annum.?

The trial in the suit commenced on 16th January 2023 and concluded on 25th May 2023. The claimant testified in support of his claims, tendered six exhibits, and was cross-examined and the proceedings were then adjourned to 17th April 2023, for the defence, and subsequently to 25th May 2023.

During the resumed hearing on 25th May 2023, after addressing some pending applications, the claimant was re-sworn, adopted his additional statement on oath dated 14th April 2023, and tendered one exhibit. After that, he was cross-examined. The defence witness, Mrs. Eunice Folakade, a human resources officer for the defendant, testified, tendered one exhibit, and was cross-examined.

The matter was then adjourned for the adoption of final written addresses. Both parties exchanged final written addresses, which their counsel adopted on the 18th June 2025, and the matter was set down for judgment.

Olutola was employed by the University as an assistant lecturer in the Department of Public Law, Faculty of Law of the University of Lagos on 28th November 2016, and his employment was regularised on 25th March 2019.

He was suspended indefinitely due to allegations of sexual harassment, and his employment was subsequently terminated on the grounds of ?services no longer required? by a letter dated 6th July 2021. This termination, according to the claimant, allegedly breached Section 18[1][a], [b][i] and [c] of the University of Lagos Act, which mandates that the claimant appear before a disciplinary committee formed by the University Senate to investigate the allegations against him; however, such a committee was never constituted.

Before the termination of his appointment, the defendant failed to confirm the claimant?s employment despite his having served over four years as an academic staff member. This omission breached both his contract of employment and the regulations governing the conditions of service for senior staff, which stipulate that employment confirmation should occur after three years of service.

In response to his unlawful termination, the claimant?s solicitors sent a letter to the defendant dated 27th July 2021, but it received no response. The claimant contends that his employment remains valid due to the illegal nature of the termination. In contrast, the defendant maintains that the termination of the claimant?s employment for ?services no longer required? is lawful, as he was still on probation. (Nigerian Tribune)

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