Facts have emerged on how the Management of the Federal University Oye-Ekiti (FUOYE), Ekiti State, aborted a peace parley with lecturers of the institution alleging arbitrary sack and insisting on reinstatement. A reliable source within the university who pleaded for anonymity out of fear of victimization informedNews Expressthat the unexpected turn of events has jeopardised the process of out-of-court settlement initiated by the university at the instance of Prof. Abayomi Sunday Fasina, who was Vice Chancellor-designate of FUOYE as at that time so that his inauguration as the fourth substantive Vice-Chancellor of the institution on February 11, 2021 would not be truncated due to the many crises in the university.

News Expresslearnt that the out-of-court settlement between the sacked lecturers and FUOYE was reached when the duo of Prof. Adekunle Adegun, former Deputy Vice-Chancellor, Ekiti State University, Ado-Ekiti, and Prof. Biyi Daramola, former Vice-Chancellor, Federal University of Technology, Akure, approached Dr. Akinyemi Gabriel Omonijo, Chairperson, ASUU-FUOYE, with the aim of resolving the crises in ASUU-FUOYE that involved Prof. Fasina (FUOYE’s VC since February 2021), so that the union would stop spreading the news and petition against Prof. Fasina on the allegation of collection of double salary from Ekiti State University, Ado-Ekiti, and FUOYE simultaneously.

The alleged simultaneous collection of double salaries in two different institutions by Prof. Fasina constitutes a criminal act and misconduct that is punishable under the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) and the extant Public Service Rules, 2009.

One of the reconciliation meetings was held at KOLTOTEL Hotel, Ado-Ekiti, on Sunday, January 31, 2021 between FUOYE’s representatives – Prof. Abayomi Fasina, Prof. Adekunle Adegun and Prof. Biyi Daramola – and ASUU-FUOYE delegates led by Dr. Akinyemi Omonijo. The two observers at the meeting were Hon. Ade Omonijo and Engr. Femi Aguda. “This meeting was held with the full knowledge of ASUU President, Zonal Coordinator, ASUU, Akure Zone, and ASUU-FUOYE’s lawyer, Mr. Femi Falana (SAN). It was agreed at the meeting, that all cases should be resolved by out-of-court settlement,” theNews Expresssource disclosed.

He said that after the meeting, a University Reconciliation Committee, chaired by Prof. Olugbenga Amu was constituted by FUOYE’s current VC, Prof. Abayomi Fasina. “The Chairperson, ASUU-FUOYE, Dr. Akinyemi Omonijo; Dr. Oluwagbemiga Adeyemi, Convener, State of FUOYE; and Dr. Oniyide Akingbe (via Zoom), former Ag. Dean, Faculty of Art, that were unjustly sacked on trumped-up charges related to unionism since 2018 and 2019 appeared before the committee on Tuesday, 23rd February, 2021 during the pendency of all the cases and the Committee recommended out-of-court settlement for all cases,” the source said.

News Expresslearnt that another meeting was held at the same KOLTOTEL Hotel, Ado-Ekiti, on Saturday, May 15, 2021. The meeting was facilitated by Dr. (Mrs) Akinola. Present at the meeting were Prof. Abayomi Fasina, FUOYE’s VC, Dr. (Mrs) Bosede Fasina (Prof. Fasina’s wife), Dr. Akinyemi Omonijo, Chairperson, ASUU-FUOYE, Mrs Temilola Omonijo (Dr. Omonijo’s wife), Dr. Dayo Sobowale (a lecture in FUOYE and Senior Special Assistant to FUOYE’s VC on General Administration), Dr. (Mrs)Akinola (facilitator of the meeting) and ASUU-FUOYE’s Lawyer, Hon. ’Bayo Idowu, who is handling the case of collection of double salaries by Prof. Abayomi Fasina.

At this meeting, Prof. Abayomi Fasina, FUOYE's VC confessed that he carried out all the evils he was directed to do in the University by Prof. Kayode Soremekun, FUOYE’s former VC, as a sign of loyalty so that he could succeed him in the office. He said he was just an extra tyre in the administration of Prof. Kayode Soremekun. After his confession, both Prof. Abayomi Fasina and his wife appealed to us and our Lawyer to sheathe sword.

Out-of-court settlement and consent judgment

News Expressgathered that after several meetings and discussions between Dr. Akinyemi Omonijo, Chairperson, ASUU-FUOYE and Prof. Abayomi Fasina, FUOYE's VC, the Counsel of both parties agreed on terms of settlement. The agreement was signed by the Claimant, Dr. Akinyemi Omonijo, and his Counsel, Mrs Funmi Falana Esq., while Prof. Abayomi Fasina, FUOYE’s VC, signed for the Defendant (FUOYE) and Mr. Ebun-Olu Adegboruwa (SAN) signed as Defendant’s Counsel. Both the Claimant and the Defendant filed the matter on July 26, 2021 wherein the parties agreed to settle the matter out of the court. Consequently, the consent judgment was entered by His Lordship, Hon. Justice K. D. Damulak on July 29, 2021 without any precondition attached.

FUOYE’s Management aborts court’s judgments

The management and authority of the Federal University Oye-Ekiti delayed the implementation of the consent judgment of court since 29th July, 2021 in the case between Akinyemi Gabriel Omonijo and Federal University Oye-Ekiti (NICN/AK/21/2019) until Mr. Taiwo Omidoyin, Esq. from Falana and Falana’s Chambers wrote a letter dated 8th October, 2021 to the university for implementation. At the point of implementation of the consent judgment, the university introduced other caveats that are not in line with the consent judgment of the court in a letter of reinstatement of appointment written to Dr. Akinyemi Omonijo, dated 10th November, 2021 and signed by Ag. Registrar and Secretary to Council, Mr. Ibrahim Mufutau. The letter of reinstatement of appointment reads in part:

“However, considering the nature of the offence you committed which comes under serious misconduct in the PSR 3(030411) and could result in the institution of a criminal case against you, in which case a further disciplinary action would be taken irrespective of the outcome of the criminal proceedings, in deference to the court, Council further directed as follows:

i. You should sign an undertaking to be of good behaviour henceforth; and

ii. A letter of advise be served on you to desist from any act of misconduct that could disrupt the current peace and tranquillity that is being enjoyed in the University.”

The letter from the university was acknowledged and responded to by Mr. Taiwo Omidoyin, Esq. via a letter dated 14th December, 2021. In the letter, he appreciated the move by the University Governing Council to end the litigation pertaining to the suspension of their client from duty. He also urged the Council to comply with the consent judgment of the National Industrial Court of Nigeria (NICN), noting that the court did not attach any condition for the reinstatement of their client. On 23rd December, 2021, the University Acting Registrar replied to Barrister Omidoyin’s letter, reiterating the earlier position of the university.

As at today, the FUOYE has not honoured the consent judgment of the court in the case between Akinyemi Gabriel Omonijo (NICN/AK/21/2019) and he has equally appealed the judgment of the Court of Appeal to the Supreme Court in the case between Ezekiel Oluwagbemiga Adeyemi and Federal University Oye-Ekiti (CA/AK/400/2019 and NICN/AK/64/2018). This is despite the fact that labour matters at NICN are not supposed to get to the Supreme Court. Meanwhile, the case between Oniyide Ajisafe Akingbe and Federal University Oye-Ekiti has lingered at NICN Akure since year 2018.

Background of the struggle

News Expressgathered that the struggle started in the year 2018 when the congress of ASUU-FUOYE took a resolution on the floor of congress held on May 11, 2018 on how the university was allegedly being run without recourse to law and regulations of FUOYE by the University Administration. The congress constituted a five-man committee chaired by Dr. Oluwagbemiga Adeyemi to collate information on events and happenings in the university, such as in: illegal recruitment, illegal appointment, illegal promotion, fraud, official corruption, etc.

The committee reported back to the congress and congress mandated them to develop it into the “State of Federal University Oye-Ekiti: Matters Arising” for submission to the Pro-Chancellor and Chairman of Council, Federal University Oye-Ekiti for his intervention. The covering letter of the report for submission was dated 6th June, 2018 and signed by the duo Dr. Akinyemi Gabriel Omonijo, Chairperson, ASUU-FUOYE and Dr. Ademola Akinsorotan, former Ag. Secretary, ASUU-FUOYE.

The report was submitted to the present Minister of Education, Mallam Adamu Adamu, by the then National President of ASUU, Prof. Biodun Ogunyemi, in 2018 when the Pro-Chancellor and Chairman of Council of FUOYE did not do anything with the report.

Suspension without pay

After the submission of the report of the “State of FUOYE: Matter Arising” to the Minister of Education, FUOYE’s Council invited ASUU-FUOYE Chairman and others to the Investigation Panel for an interactive session via a letter dated 11th February, 2019.

Further to the interactive session with the University Governing Council,News Expresslearnt that two letters of suspension from the university without pay dated 14th and 15th February, 2019 and signed by Mrs Olayinka Adeniran-Ajayi, former Ag. Registrar and Secretary to Council, were issued to ASUU-FUOYE Chairperson, Dr. Akinyemi Omonijo, after his appearance before the Panel on February 13, 2019 without investigating all allegations in the “State of FUOYE: Matters Arising”, according to the letter of invitation served on him.

“FUOYE’s Council and Administration never gave the true position of the matter to the Honourable Minister of Education till today. Also, the Honorable Minister of Education did not follow up the matter,” our source lamented.

After the suspension of the ASUU-FUOYE Chairman, Dr. Omonijo, his Counsel wrote to FUOYE’s Council, telling it that its decision on the matter did not comply with the law and should be reversed. The university, however, refused. In view of this, Dr. Omonijo approached the National Industrial Court of Nigeria for redress on April 29, 2019.

Lamenting the turn of events, our source said: “It is a big surprise to us that Prof. Abayomi Fasina, FUOYE’s VC who was begging and soliciting for the support of the Union has refused to honour consent judgment of the court in the case between Akinyemi Gabriel Omonijo (NICN/AK/21/2019) and he has equally appealed the judgment of the Court of Appeal to the Supreme Court in the case between Ezekiel Oluwagbemiga Adeyemi and Federal University Oye-Ekiti (CA/AK/400/2019 and NICN/AK/64/2018) knowing full well that labour matters at NICN cannot get to Supreme Court. The case between Oniyide Ajisafe Akingbe and Federal University Oye-Ekiti still lingers on at the National Industrial Court of Nigeria, Akure since year 2018. He was doing all these to waste time unnecessarily.”

However, FUOYE has defended its actions, telling the sacked lecturers to “stop misleading the public about your misfortune”.

According to the Media team of the FUOYE Management in a statement posted on the institution’s official website,fuoye.edu.ng, “Omonijo and Adeyemi were axed for gross misconduct against the University Regulations, but by providence, the former had an Out-of-Court settlement over the matter leading to the notice of his reinstatment as handed out by the Industrial court of appeal, Akure division, while the University has already appealed the ruling in favour of the latter in a court of higher jurisdiction. But the two lectuers had gone to the media to falsely accuse FUOYE of disobeying court order which directed that they be resintated.”