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Dismissal of ex-ASUU executive members from LASU subsists, says VC

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Prof. Olanrewaju Fagbohun, Vice-Chancellor, Lagos State University (LASU), Ojo, says dismissal of former executive members of Academic Staff Union of Universities (ASUU) from  service of the university still stand.

Fagbohun made the clarification while responding to the letter of Prof. Biodun Ogunyemi, ASUU National President, on the election of new ASUU executive in the institution.

“Dr Akinloye Oyewuni, Dr Adebowale Adeyemi-Suenu, Dr Adebisi Aboderin-Shonibare were dismissed from the service of LASU in accordance with the university regulations guiding the conduct of staff and in line with global best practices.

“Regarding, the legality of the newly elected executive members of ASUU-LASU, it is a pure union matter in which management does not interfere,” he said.

Also, Dr Ibrahim Bakare, the newly elected Chairman, ASUU-LASU, said that they need to state unequivocally that tenure of the immediate past executive lapsed in February 2018.

Bakare said that between 2017 and 2019, five members of the past executive were disengaged from the service of LASU.

“The former Chairman, Dr Isaac Oyewumi and his vice, Dr Adeyemi Suenu, were disengaged in 2017 and former Secretary, Dr Tony Dansu, Dr Oyekan Adeolu and the Treasurer, Dr Aboderin-Shonibare, were disengaged in 2019,’’ he said.

Ogunyemi, had in his letter to the vice-chancellor, claimed that until cases of the dismissal of the five members of the former ASUU-LASU leaders is determined by a court of competent jurisdiction, they remain the recognised executive of ASUU-LASU.

Edited By: Olagoke Olatoye

 

Judiciary

Alleged unlawful dismissal: Court strike out suit filed by widow against NCS

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The National Industrial Court, Abuja, on Monday struck out a suit filed by Dr Jemila Aruna, widow of a dismissed deceased officer of the Nigeria Customs Service (NCS), Isiaka, challenging the termination of his appointment after his death.

The judge, Justice Oyejoju Oyewumi, struck out the suit following an application by Dr Aruna’s counsel, Mr Abdulganiyu Shuaibu, for the withdrawal of the suit.

Shuaibu said the application for withdrawal was made on grounds that parties had reached some form of agreement and that they had decided to settle out of court.

Defence counsel, Mr Umar Lawal, aligned with the position of the claimant’s counsel and said he had no objection to the application.

Justice Oyewumi therefore said; “in pursuant to the application made by the claimant’s counsel for withdrawal, this case is hereby struck out”.

Nigeria News Agency , reports that Aruna, in her statement of claims said that a year after her husband ‘s demise, she went to inform the defendant officially about the incidence and to also claim his benefits, but instead was served with a letter, terminating the husband’s appointment.

She then approached the court to seeking for a declaration that the appointment of her husband who died on September 16, 2013 while in active service was valid and subsisting. 

The widow also sought a declaration that the appointment of her husband as a staff of NCS vide a letter dated Sept. 24,1992, was still extant and subsisting, until his death

Aruna further prayed the court to void the dismissal of her husband from service on Nov.4, 2014, a year after his demise.

The claimant also sought an order of the court, directing the defendant to reinstate the deceased husband to the position he occupied before his death and pay his salaries, emoluments and entitlements.

In addition, she urged the court to direct the defendant to pay her N300 million as exemplary and aggravated damages.

Edited By: Sadiya Hamza
(NAN)

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Judiciary

Court affirms dismissal of KWASU staff over cult membership, sexual harassment

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The National Industrial Court, Abuja, on Tuesday affirmed the dismissal of Mr Anthony Corsy,  as Kwara State University Principal Technologist, over gross misconduct of cult membership and sexual harassment.

Justice Oyejoju Oyewumi held that the court adopted two issues in order to determine the matter.

Oyewumi held that the first issue was whether the suit was competent and the second issue was whether the claimant through legal evidence established his case to entitle him to the reliefs sought.

The judge held that the defence argument that the suit was not competent 

was discountenanced.

She however,  dismissed the suit for lacking merit.

According to her, the failure of the claimant to serve a pre-action notice on the defendant before instituting the suit was detrimental to his case.

A pre-action notice is a letter a prospective claimant is mandated by law to serve a defendant especially an organization of the intention to seek redress concerning a grievance in court.

Oyewumi in addition said the argument of the claimant that averred that in his letter of appeal to the defendant a paragraph stated ” I will seek further redress on this” did not suffice as pre- action notice.

She said the sentence was ambiguous and could mean anything as “seeking redress” could be  seeking it anywhere.

The judge  therefore said the claimant’s case lacked merit,  granted none of the reliefs sought and dismissed the suit in entirety.

Nigeria News Agency ( NAN) reports that the claimant had worked as a Principal Technologist at the University until he was served a dismissal letter on Jan. 6, 2018, on allegation of gross misconduct and corrupt practices of his involvement in cult activities and  sexual harassment of female students.

From his  writ of complaint dated April 13, 2018,  he had urged the court to declare that his purported query, suspension and dismissal by the defendant was malicious, unlawful,  null, void and of no effect.

 He had equally sought that the court declare that his employment with the defendant still subsisted.

The claimant further sought for an order of the court directing the defendant to reinstate him with all his benefits and privileges as accrued.

In addition, Corsy sought for payment of N10 million as aggravated and exemplary damages.

Edited by: Sadiya Hamza

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Judiciary

Court okays dismissal of KWASU staff over gross misconduct, falsification of results

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The National Industrial Court, Abuja, on Monday affirmed the dismissal of Mrs Rashida Kolawole, as Kwara State University Principal System Analyst, over gross misconduct of manipulation, falsification of results

Justice Oyejoju Oyewumi held that the court adopted two issues in order to determine the matter.

Oyewumi held that the first issue was whether the suit was competent and the second issue was whether the claimant through legal evidence established her case to entitle her to the reliefs sought.

was discountenanced.

The defendant had averred   that the claimant did not follow laid down procedure as stipulated by rules that governed her employment of exploring internal avenues  of settling  grievances before seeking redress in court,

She said no modalities were clearly stated in the defendant’s condition of service on how an employer can seek redress apart from the 21 days given for an employer to appeal any decision taken by the defendant.

The judge also stated that the said document failed to provide outlets where employers can seek redress against any grievances.

Oyewumi further discountenanced the claimant’s counsel submission that his client needed to have been tried by a competent court before her dismissal.

She said it was no longer law that an employee must be tried by a court before they can be dismissed so long as laid down guidelines governing the employment was not breached.

The judge said in this case the KWASU Act and Administrative manual of sanction and disciplinary procedures were followed.

In addition, she said the claimant was issued a query and she responded by denying the allegations leveled against her.

According to the judge, the claimant was also invited by the Senior Staff Disciplinary Committee and she was given opportunity to make representations of  refuting the allegations and even cross- examing the witnesses.

She said it was when the committee found her culpable that they recommended her dismissal.

She therefore said ” I find and hold that the dismissal was lawful”.

Oyewumi added that an employee whose employment was terminated through the adherence of laid down procedures cannot pray to be reinstated.

In relation to the claim of the claimant for payment of salaries and entitlement, she said from evidence before the court, the claimant was paid half of her salaries the period she was on suspension.

She however said an employee who was dismissed cannot lay claim to any salary or benefit.

She concluded by saying ” the claimant claims fails in  its entirety and consequently, the suit is hereby dismissed”.

Nigerian News Agency ( NAN) reports that the claimant had worked as a Programmer System Analyst  at the University until she was served a dismissal letter on April 20, 2017, on allegation of gross misconduct of manipulating and falsifying results for over 30 students.

From her complaint, she had urged the court to declare that the termination of her employment was unlawful, illegal and a calculated attempt by the defendant to tarnish her reputation.

Kolawole also sought for an order of the court directing the defendant to reinstate her with all her benefits and privileges as accrued.

She equally sought for payment of N20 million as aggravated and exemplary damages.

Edited by: Sadiya Hamza

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Foreign

Tens of thousands demand dismissal of justice minister in South Korea

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Tens of thousands of people have taken to the streets to demand the dismissal of Justice Minister, Cho Kuk, who is accused of moral wrongdoing and shoddy  financial dealings.

Cho’s family is being investigated on suspicion of investing in a holding company that is suspected of having taken part in market manipulation and illegal transactions.

The demonstrators on Wednesday also demanded that President Moon Jae In step down, after he had come under pressure from the opposition in September for naming 54-year-old Cho to the ministerial post.

The demonstrations followed a rally of liberal groups at the weekend who support Cho.

He is considered to be the architect of Moon’s plans to reform the nation’s prosecutor’s office, but conservatives consider him to be unqualified for the position.(NAN)

HS/ASH

Edited by Halima Sheji

 

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Judiciary

Court okays ex-Unity Bank Manager’s dismissal over N72m fraud

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The National Industrial Court, Abuja, has affirmed the dismissal of one Mohammed Bello, a staff of Unity Bank Plc, for his involvement in a N72 million fraud.

Bello, was dismissed on grounds of negligence, when it was discovered that his failure to place a ‘ Post No Debit’ (PND) restrictions on a customer’s account allowed fraudulent transfers of the sum of N72m from the account.

The defendant was however, able to later trace and retrieve the sum of N57 million of the account leaving the bank to incur a N15 million financial loss.

Delivering judgment, Justice Rakiya Haastrup, said the claimant challenged his summary dismissal as unlawful on the grounds that he was dismissed based on the same allegations for which he was already standing trial before an Upper Area Court in Abuja.

Haastrup said the claimant(Bello) also averred that he was arrested, detained and prosecuted for criminal conspiracy, criminal breach of trust and theft.

The judge said that the evidence before the court, however, proved that the terms and conditions of employment of the claimant as contained in the Employee Handbook, which governed his appointment was adhered to before he was suspended without pay pending the conclusion of investigation by the defendant’s panel.

She noted that at the conclusion of its investigation, the panel found the claimant negligent and recommended his summary dismissal through a letter dated June 3, 2015.

The judge further held that from the entire evidence adduced by the claimant, he was unable to present before the court that he complied with the instruction of the Branch Manager to place PND restriction on the said account.

According to Haastrup the excuse of the claimant that it was not his schedule of duty to place PND on accounts cannot hold water as he is answerable to the Branch Manager and ought to carry out instructions given by him.

” By his summary dismissal, the claimant is not entitled to any salaries,entitlements, benefits or even damages.

“The legal burden is on the claimant who asserts to prove his claim on balance of probability and cannot shift the burden on the defendant until he has first discharged the burden placed upon him.

” The claimant herein fails to prove before the court that he complied with the instructions of the Branch Manager in placing PND on the account.

“The defendant had dismissed the claimant summarily on ground of gross negligence in line with the terms of contract as contained in the defendant’s employee handbook.

“In my view, the defendant herein was able to establish the negligence of the claimant to justify his summary dismissal, and I so hold.

” The sole issue is therefore resolved against the claimant.

“Consequently, the reliefs of the claimant cannot be granted and are hereby dismissed in its entirety,”she concluded.

The Nigeria News Agency reports that the claimant prior to his suspension and summary dismissal was employed by the defendant (Unity Bank Plc) on Jan.1, 2006 and rose to the position of a Business Service Manager.

In his complaint, he had urged the court to declare his dismissal as unlawful, pay his salaries and allowances from the time of his suspension in March, 2015 until date.

Bello also sought for an award of N10 million as damages.

GOAA/ECN/SH

edited by Emmanuel Nwoye/Sadiya Hamza

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General news

Concerned LASU professors back dismissal of 3 ASUU officials

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Dismissal

Some concerned professors at the  Lagos State University (LASU) has said that the recent dismissal of three executive of Academic Staff Union of Universities (ASUU) was not a case of victimisation.

At a news briefing on Tuesday in Lagos, the concerned LASU professors described the dismissal as normal or routine process which should not be blown out of proportion.

Prof. Martins Anetekhai, Chairman, LASU Policy Advisory and Conflict Resolution Committee, said that dismissal of staff was a normal process the institution undergo regularly to sanitise the system.

“The pronunciation of dismissal does not make it the end, they are free to appeal to the governing council or go to court.

“I made a lot of efforts by visiting them to resolve the issues and that they should know that a union leader is not above the law.

“This dismissal is an in-house issue and we are trying to make sure everything works out perfectly,” he said.

Anetekhai, however, advised ASUU-LASU executives to sit up, saying that it was unfortunate that things degenerated to such level.

“Our current administration is a very rare breed of truth and sacrifice, so I appeal to media organisations to always support positivity about LASU,” he said.

Also speaking, Dean of Management Sciences, Prof. Babatunde Yusuf, said that the university’s rules and condition of service clearly stipulate dismissal as the punishment for unlawful possession of documents.

Yusuf said that other staff also benefitted from the allegation of backdated promotion raised against the Vice -Chancellor.

“The union leaders are not meant for people who wish to be permanent in the position because we have about 800 academic staff who are also members of the union.

ASUU is not grounded in LASU which means others members can take the leadership role and staff should know that LASU comes first before ASUU,” he said.

Also, Prof. Sola Fosudo said that nobody was victimised, explaining that anyone found guilty of any misconduct would be dismissed.

“The decision of the dismissal was reached by more than a body , as it started with investigative panel, joint committee of heads and council before the governing council made its final decision.

“My promotion was also backdated to 2015, likewise some of the staff promotions too,” he said.

Mr Oladele Olawale, President, LASU Students’ Union, said that the university law was binding on both students and staff of the institution.

“A community where there is no law, there is no offense, but when there is a law and an offense is committed, then the law must take its course.

“We are only talking about the dismissal, but no one is talking about the promotion,” he said.

The Nigeria News Agency reports that LASU Governing Council had at its 122nd meeting on Thursday promoted 31 academic staff, 346 non-academic staff .

The Council also approved the dismissal of eight academic staff and three non-academic staff over issues bothering on absconment  from duty, certificate falsification, theft of confidential document, sale of marks, among others.

OKG/WOJ

Edited by Wale Ojetimi

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Foreign

Nigerian professor describes dismissal by Ghanaian university as unethical, unprofessional

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Professor Augustine Nwagbara on Thursday said his dismissal from University of Education Winneba, Ghana was unethical and should be reversed in the interest of the University.

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Judiciary

Court okays ex-Zenith Bank Manager’s dismissal

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Dismissal

Abuja, May 27, 2018 The National Industrial Court, Abuja, on Monday affirmed the dismissal of Lucky Egede, an ex- manager of Zenith Bank Plc, Obajana, Kogi over gross misconduct, as lawful.

Egede, according to the defence counsel, Samson Esekhaigbe was dismissed for gross misconduct concerning illegal and unauthorised release of Authority to Collect (ATC), to some of the bank’s customers.

According to Eseikhaigbe, the claimant gave some customers unauthorised credit outside of his authority which he knew was a violation against the bank’s credit policy.

In her judgment, Justice Rakiya Haastrup, held that the court determined the case based on two issues as formulated by the defence counsel.

She said the first issue was, whether the defendant had the right to terminate the claimant’s employment.

Haastrup said because the nature of the claimant’s employment was that of master and servant, therefore, the employer (defendant) could terminate the contract at any time, either for a reason or not.

The judge said the claimant denied the allegation of giving out unauthorised credit facilities without approval and claimed that approvals were granted, but failed to tender the evidence of approval before the court.

The judge also said the claimant who was challenging his dismissal did not place before the court the terms of his contract and also prove how the said terms were breached.

She said “there was no evidence before the court brought by the claimant sufficient to support his claim of unlawful dismissal as alleged by him, and I so hold”.

The judge further said the second issue to be determined by the court was whether in the circumstances of the case, the claimant was entitled to the reliefs he sought.

She said having held that the dismissal in this case was justified, the reliefs sought by the claimant in the suit all failed in its entirety and accordingly dismissed the suit.

The claimant’s counsel, Godday Adache, had prayed the court to direct the defendant to withdraw its letters of suspension and dismissal.

Adache also sought for an order directing the defendant to tender a written apology to the claimant for wrongful suspension and dismissal.

He also sought for payment of his salaries and allowances at the rate of N13 million per annum from the time of his dismissal in 2011 until judgment.

The counsel in addition prayed for payment of general damages to the tune of N1 billion for his client which was equally denied.

edited by Sadiya Hamza

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Judiciary

Alleged unlawful dismissal: Coach Samson Unuanel drags Sunshine Stars, ODSFA, to court

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Coach Samson Unuanel has dragged his former employer, Sunshine Stars owned by Ondo State Football Agency (ODSFA), before National Industrial Court, Abuja over alleged unlawful dismissal.

Unuanel who is the current Coach of Osun United is also seeking for payment of N21.1 million, being the balance of the salary he would have earned if the defendant had not sacked him.

When the matter came up for mention before Justice Kiyersohot Damulak on Tuesday, the claimant’s counsel, Mr Ayodele Justice informed the court that the defendant had been served with processes.

Justice further said the defendant who was absent and did not have legal representation in court had filed some processes.

The judge then instructed that hearing notice should be served the defendant and proof of service be kept in the case’s file.

He also adjourned the matter until June 4 for hearing.

The claimant, Unuanel in his statement of facts said he approached the court to seek redress when his contract with the defendant was terminated two months into the commencement of the contract.

He added that the terms of the contract which was stipulated to start from Jan. 1, 2016 and end on Dec. 31,2018, pegged his salary at N700,000 monthly, totaling N25.2 million in the three years the contract was expected to last.

The coach also averred that he was however paid two months before he was dismissed.

Unuanel added that  the defendant later paid him another N2.7 million in March and June, 2018.

He said efforts to make the defendant to pay the balance of the contractual sum of N21.1 million had proved abortive, hence his instituting the suit.

In his relief, he is seeking the court to declare the act of the defendant as breach of contract.

Unuanel is also seeking an order of the court for the payment of N100 million as general damages and another N10 million as the cost of prosecuting the suit.

News Agency of Nigeria ( NAN), reports that Unuanel was a former Kwara United, Niger Tornadoes, Enyimba Coach and Assistant Coach of Nigeria’s Women National team, Super Falcons.

edited by Sadiya Hamza

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Contact US: editor @nnn.com.ng, nnnnews247 @gmail.com

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