Industrial court voids dismissal of lecturer, awards compensation

The National Industrial Court, Akure, has ordered the Federal University, Oye Ekiti (FUOYE), to pay N40 million to Professor Niyi Akingbe, the former Acting Dean of the Faculty of Arts, for wrongful dismissal.

The court said Akingbe’s termination in 2018 was not only unjust but based on unfounded allegations of plagiarism.

Akingbe, a vocal critic of the university’s administrative practices under former Vice Chancellor, Kayode Soremekun, was dismissed following a query related to plagiarism.

The court proceedings, documented under Suit No: NICN/AK/58/2018 and made available to our correspondent in Ilọrin, said the university failed to adhere to proper procedures outlined in the FOUYE Act of 2015 and the relevant regulations governing senior staff service conditions.

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In his judgement dated October 29, 2024, Justice K.D. Damulak ordered FUOYE to pay Akingbe within 30 days of the judgement, otherwise, the sum shall attract a 10% interest per annum.

The court held that “The claimant’s case succeeds in part.

“A declaration that an allegation of plagiarism against the claimant cannot be made in the absence of the work/publication of a particular author or authors the claimant purportedly plagiarised.

“(Thus) specifying what part of the work copied, printed, or passed off as the original works of the claim without the claimant having acknowledged such works”.

The judge lamented the lack of fair hearing on behalf of the lecturer.

“Similarly, the failure of the defendant to produce the alleged report of external assessors in evidence, in spite of the fact that the claimant is saying there was no such external assessors report, is proof of its non-existence at best…

“…it’s without substance, a fair hearing, unlawful and accordingly, same is hereby set aside.”

According to Damulak, “I have taken a look at the dismissal letter, (defendant’s exhibit LE 10.) and the report of the staff disciplinary committee (claimant’s exhibit 20).

“The defendant relied on the report of the staff disciplinary committee on TETFUND in dismissing the claimant.

“It is true that the dismissal was on 31/10/2018 while the report of the staff disciplinary committee TETFUND intervention grant was signed by the members of the committee on 7/11/2018.

“This means that as of 31/10/2024, there was no formal signed and issued report of the disciplinary committee for the defendant.”

Parts of the judgement reads: “A declaration that the claimant’s dismissal vide letter dated 31 October 2018, without fair hearing, is null and void.

“The defendant is hereby ordered to pay to the claimant general damages assessed at N40 million within 30 days of this judgement or the sum shall attract 10% interest per annum.”

Counsel for Akingbe, Ademola Olowoyeye, had argued that the allegations of plagiarism were vague and lacked substantial evidence.

He said Akingbe met all requirements for promotion to the position of Professor in the Department of English, and the denial of this promotion based on unsubstantiated allegations was deemed unlawful.