Justice Eight Years After

 

 

By Stephen Oni /Ilorin

In what could aptly be described as victory over tyranny, despotism and arrogant wielding of power, the Supreme Court, in a unanimous judgment, penultimate Friday declared the dismissal of five (out of 49) lecturers of the University of Ilorin about nine years ago by the authorities of the University as illegal, null and void.

 

Prof. Shuaib Oba AbdulRaheem, the incumbent Chairman of the Federal Character Commission, was the Vice Chancellor of the University at the time. All pleas to the erstwhile Vice Chancellor by well meaning Nigerians to rescind the decision fell on deaf ears. Aside from ordering immediate reinstatement of the affected lecturers, the apex court also directed the university authorities to effect the payment of the salaries and allowances of the lecturers from 2001 when they were wrongfully laid off to date. Incidentally, the five lecturers whom justice came their way were leaders of the local Academic Staff Union of Universities, ASUU led by their Chairman, Dr. Taiwo Oloruntoba- Oju. Others are Debo Ajayi, Secretary; Sola Ademiluka, Assistant Secretary; Adeyinka Bamiwo, Financial Secretary; and Olu Olugbara, Ex- Officio member. The fate of the remaining 44 lecturers would have to wait a little longer, as hearing of their application at the apex court is billed to commence on 28 September 2009. Analysts are of the view that the decision of the apex court on the pending application might follow a similar pattern, since their prayers appear to be similar to those of their leaders.

 It would be recalled that the appointments of the 49 lecturers, including their leaders were summarily terminated in 2001 for participating in the nationwide strike called by their national body and for their effrontery in calling the bluff of the university authorities that ordered all the lecturers to return to work. To the Unilorin 49, as the sacked lecturers were popularly referred to, majority of the lecturers who signed the register and later returned to work were traitors who betrayed the national body of the union that had the sole responsibility of calling off the strike. Piqued by the manner of their sack, the five leaders and the other 44 lecturers approached the Federal High Court, Ilorin to seek redress over wrongful termination of their appointments. Those sued were: the then Vice Chancellor, Prof. Shuaib Oba AbdulRaheem along with the University Governing Council headed by Gen. Salihu Ibrahim retd and the then Registrar, Mr. Tunde Balogun.Counsel to the lecturers, Mr. John Bayeshea, SAN, had faulted the dismissal of the lecturers without fair hearing in accordance with the extant law. He argued that their appointments were not only pensionable and statutory in nature but also governed by the Senior Staff Regulations of the University and the University of Ilorin Act Cap 455 Laws of the Federal Republic of Nigeria 1990. Four years after, on 2 November, 2005, Justice P. Olayinsola ruled in favour of the lecturers and ordered their reinstatement. Dissatisfied with the ruling, the authorities of the university of Ilorin, through its counsel, Malam Yusuf Ali, SAN, approached the Court of Appeal, Ilorin Division, with a view to upturning the decision of the lower court. On 12 July 2006, the Appellate Court, validated and upheld the decision of the University to fire the lecturers, ruling that the lower court lacked jurisdiction to entertain the case.

Undaunted, the lecturers took the battle to the Supreme Court, asking it to determine among other things whether the appellate court was right in its conclusion that the Federal High Court had no jurisdiction to hear their case. In addition, the lecturers wanted the apex court to determine whether the appellate court did not err by entertaining the appeal of the respondents when it was certain that they contravened the Unilorin Act that approved of fair hearing before their appointments could be terminated. In a landmark lead judgment read by Justice Olufunmilayo Folasade Adekeye, the Supreme Court ruled that the appellate court erred in law by upholding the dismissal of the lecturers who, it said, were not given fair hearing by the University authorities before effecting their dismissal.

Adekeye said: “We have considered the arguments of both sides alongside the universities Act in respect of fair hearing and discovered that there was no iota of truth in the contention that the sacked lecturers were given fair hearing”. Granting all the prayers of the lecturers that included their reinstatement and payment of the backlog of their salaries and allowances, Adekeye conceded that while the university reserves the right to employ and discipline its staff, such right must not infringe on the principle of fair haering. She, therefore,set aside the majority judgmnet of the court of appeal and awarded N60,000 cost against the respondents. Other justices of the Supreme Court were Dahiru Musdapher who presided, Mahmood Muhammed, Francis Tabai and Ikechi Ogbuagbu.

In his reaction in a telephone interview, the sacked ASUU Chairman, Dr. Taiwo Oloruntoba-Oju, who along with 15 others had refused to seek employment elsewhere, saw the victory as vindication for the lecturers. He, however, said that the group could not savour the victory until the case of the remaining 44 lecturers was determined. In addition, he said he was particularly grieved that they lost three of their colleagues in the course of the struggle who did not live to savour the victory with them. The dead are Prof. Anthony Ehizua Annor, Prof E.E Adegbija and Dr. Samuel Ajayi. Oloruntoba-Oju expressed optimism that victory would come the way of the remaining 44 lecturers anytime judgment is delivered in their case

Also reacting, counsel to the lecturers, John Bayeshea, SAN thanked God for making the victory possible and for allowing the Judiciary to restore the dignity of the people. He said the amount of goodwill generated by the judgment, the expression of joy and happiness and accolades shows where the justice of the matter really lies and gave kudos to the Supreme Court for briging justice to the affected lecturers after a long period of waiting not only by the lecturers but also by the legal team whom, he said, also partook in the suffering of the lecturers. When TheNEWS sought the reaction of the University of Ilorin, the Deputy Director of Information in the University, Mr Mahfous Adedeji said the University had not got a copy of the judgment but once it gets it, he said the university will abide by its decisions since ‘‘we believe in the rule of law”.

 

 

 

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