Hon. Justice Edith Agbakoba of the Abuja Judicial Division of the National Industrial Court has declared the employment termination of Mrs Eunice Ojapa by the University of Ilorin Secondary School Governing Board as wrongful, ordered the University Governing Board to pay Mrs Eunice Ojapa 5 years’ salary as compensation for wrongful termination.
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The Court further ordered the University of Ilorin Secondary School Governing Board to immediately settle all Mrs Eunice Ojapa’s outstanding salaries and other emoluments, with the sum of N500,000 cost of action within 60 days.
From facts, the Claimant- Mrs Eunice Ojapa had submitted that she joined the services of the 2nd Defendant in 2007 as Senior Tutor II on JSS II step 1 in the University Secondary School Ilorin and received promotions and commendations to the position of Vice Principal (Academics).
She stated that the University of Ilorin Secondary School Governing Board terminated her appointment on the allegation of misconduct that the Panel set up by the Deputy Vice-Chancellor denied her the same opportunity to explain.
In defense, the defendant- the University of Ilorin Secondary School Governing Board maintained that Mrs Eunice Ojapa could not give a satisfactory explanation to the allegation of misconduct levelled against her, and the Panel’s report was submitted to the University of Ilorin through the University of Ilorin Secondary School Governing Board which instructed the termination of appointments of all those involved.
Counsel submitted that Mrs Eunice’s appointment with the University of Ilorin Secondary School Governing Board is devoid of statutory flavour, hence the hearing given to her could also be said to be superfluous and an expression of magnanimity on the part of the School, and urged the court to dismiss the case in its entirety.
In opposition, Anselem Obaraeze Esq. for the Claimant argued that Mrs Eunice’s employment is one laced with statutory flavour to which the Conditions of Service of University of Ilorin Secondary School must strictly apply and her employment was terminated without recourse to the procedure laid down by the Conditions of Service, and urged the court to grant the reliefs sought.
Delivering the judgment after careful evaluation of the submission of both parties, the presiding Judge, Justice Edith Agbakoba held that Mrs Eunice Ojapa’s appointment is one of Contract and there is no evidence before the Court that the contract was renewed every three years or that the University of Ilorin Secondary School Governing Board had at any time converted her appointment to a permanent one.
The Court ruled that the presence of the Principal on the committee offends the principle of Natural Justice and careful perusal of Exhibit D6 indicated that the Investigation Committee recommended that Mrs Eunice step down as a punishment for their perceived mishandling of the situation but the minute to the DVC stipulated that the Claimant and others be terminated.
Justice Agbakoba ruled that the recommendation of the University of Ilorin Vice-Chancellor on the termination of Mrs Eunice’s appointment evolved outside the regulations governing her employment.
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