The National Industrial Court of Nigeria in Lagos has ruled in favor of University of Lagos lecturer, Mr. Bamisaye Olawale Olutola, declaring his dismissal unlawful, ordering his immediate reinstatement, and awarding ₦750,000 in damages.
The ruling, delivered by Hon. Justice Ikechi Gerald Nweneka on July 17, 2025, in Suit No. NICN/LA/441/2021, also mandates the university to pay Mr. Olutola’s full salaries and allowances from August 2021 until the date of compliance, along with ₦750,000 in litigation costs.
Mr. Olutola, employed as an Assistant Lecturer in the Department of Public Law, Faculty of Law, on November 28, 2016, and later promoted to Lecturer II, was indefinitely suspended on September 30, 2019, following allegations of sexual harassment. His employment was subsequently terminated on July 6, 2021, with the stated reason being “services no longer required.” The claimant argued that the termination violated his employment contract, the University of Lagos Act, and international labor standards, as no Senate committee was constituted to investigate the allegations, as required by Section 18 of the University of Lagos Act.
The claimant sought multiple reliefs, including declarations that his employment was still subsisting, deemed confirmed after over four years of service, and that the indefinite suspension and termination were unlawful. He also requested reinstatement, payment of unpaid salaries, general damages of ₦10 million, and litigation costs of ₦1 million.
The court found that Mr. Olutola’s appointment was impliedly confirmed after his three-year probationary period, as the university failed to notify him of any extension or termination, per Clause 15 of the Regulations Governing the Conditions of Service for Senior Staff. The indefinite suspension was deemed a breach of Clause 16(ii) of the Regulations, which requires suspensions to be for a specific period pending case determination. The court further held that the termination was wrongful, as it did not comply with the contract’s requirement for three months’ notice or salary in lieu and violated Section 18 of the University of Lagos Act, which mandates a Senate committee investigation for misconduct-related terminations.
Citing cases like Olaniyan v. University of Lagos (1985) and Chukwumah v. Shell Petroleum Development Company of Nigeria Limited (1993), the court emphasized that statutory employment, once confirmed, requires strict adherence to termination procedures. The court also referenced ILO Convention No. 158, which prohibits termination without valid reasons related to capability, conduct, or operational requirements, noting that the university’s failure to provide such reasons rendered the termination unlawful.
The court granted most of Mr. Olutola’s reliefs, including:
- A declaration that his appointment as Lecturer II remains valid.
- A declaration that his employment was deemed confirmed after over four years of service.
- A declaration that the university lacked the power to indefinitely suspend him without due process.
- An order for reinstatement without loss of seniority, promotion, or emoluments.
- Payment of full salaries and allowances from August 2021 until compliance.
- A perpetual injunction restraining the university from unlawfully interfering with his employment.
- Litigation costs of ₦750,000.
- Post-judgment interest of 10% per annum from August 15, 2025, until full compliance.
The claims for ₦10 million in general damages and 20% post-judgment interest were dismissed, the former to avoid double compensation and the latter due to insufficient evidence supporting a rate above the statutory 10%.
