Appeal Court Affirms Industrial Court Judgment Over 32 Disengaged Eksu Staff

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The court of appeal, Ekiti Judicial Division Holden at Ado-Ekiti in Ekiti State has called for the immediate reinstatement of sacked workers of the Ekiti State University (EKSU) allegedly relieved of their positions through a letter of disengagement from the University Governing Council on the 5th December, 2019.

Newslensng recalls that the management of the EKSU disengaged 32 of it’s workforce for alleged irregular Appointments and other sundry allegations.

The disengaged EKSU staffs, consisting Babatunde Tolulope P., Ogundipe Joshua O. and 30 others subsequently, dragged the university authorities to the National Industrial Court (NIC) in Akure and got a judgment nullifying their sack, but the concerned authorities has refused to obey the court judgment.

Below is the industrial court judgment:

COURT ORDER

1. The employments of the claimants with the defendants enjoy statutory flavor.

2. The employment of the claimants with the defendants is regulated by the defendants statute, Regulations and the claimants letters of employment.

3. The disengagement of the claimants in the manner it was done was unlawful, null and void.

4. The claimants are hereby reinstated to their erstwhile positions in the 1st defendant.

5. The 1st defendant is hereby ordered to pay the claimants their three months salaries owed them before their unlawful disengagement.

6. The 1st defendant is hereby ordered to pay the claimants their salaries, emoluments and allowance and from the date of their unlawful termination till reinstatement today 8th December, 2020 and subsequently till retirement.

7. The Claimants are not entitled to general damages.

8. The defendants are also to pay to each claimant cost of N50, 000.00.

9. The salaries and cost up till today 8th December, 2020 are to be paid within 30 days of this judgment or the amounts will attract 10% interest per annum.

However, dissatisfied as Industrial Court Reinstates 32 Sacked EKSU Technologists the defendants, now appellants headed for Appeal Court sitting in Ado Ekiti and filed a notice of appeal containing four grounds before three Honorable Judges.

In the recent judgment of the Appeal Court of Appeal No. CA/EK/65/2021, it ordered the reinstatement of the disengaged staff. Giving the Judgment was the presiding judge, Hon. Justice T. N. Orji-Abadua who agreed with the leading Judgment delivered by Justice Tunde O. Awotoye who mandated the university to pay the reinstated workers their salaries, emoluments, and allowances from the date of their unlawful disengagement till date.

READ ALSO:Industrial Court Reinstates 32 Sacked EKSU Technologists

In the judgment, the court also directed the university to pay the workers the three months salary they were being owed before they were unlawfully disengaged.

In his words I am unable to see why the costs awarded to the respondents whose employments have been wrongfully terminated should be disturbed. As there is no disenabling circumstance to deprive them of the cost. I resolve this issue as well against the appellants.

This appeal lacks merit. It is accordingly dismissed. The decision of the lower court delivered on 8/12/2020 in Suit No. NICN/AD/03/2020 is hereby affirmed”