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The Presiding Judge, Ibadan Judicial Division of the National Industrial Court, Hon. Justice Dele Peters has declared the process leading to the suspension of Olugbenga Oguntamu from the service of Tai Solarin University of Education (TASUED) vide the Institution letter dated 6th of December 2016 as illegal, unconstitutional, null and void and of no legal effect as the said suspension was flawed and contravened the extant provisions of Ogun State of Nigeria Public Service Rules.
The Court stated that Mr Olugbenga is entitled to a query before any disciplinary action could be taken against him by the Vice Chancellor, Tai Solarin University of Education, and Chairman Governing Council that issuance of query is an essential part and indeed condition precedent to any disciplinary action under the Public Service Rules of Ogun State.
Justice Dele Peters ordered immediate reinstatement of Mr Olugbenga into the Tai Solarin University of Education, at the Department of Educational Foundation, College of Education and Vocational Technology, with payment of his full wages, emoluments, benefits and promotion he would have attained till date, and the sum of N500,000 cost of action.
From facts, the Claimant- Mr. Olugbenga had submitted that by a letter dated 6 December 2016, he was suspended by the University for alleged involvement in unethical practice and gross misconduct and that he was arraigned and tried by the High Court and was discharged and acquitted.
Mr. Olugbenga further stated that he was not issued any query and was never allowed to make representation in writing as stipulated by the Public Service Rules and that his suspension was done without compliance with the procedure as contained in the Public Service Rules, and urged the Court to grant the reliefs sought.
In defence, the Defendants—the Vice Chancellor, Tai Solarin University of Education, and Chairman of the Governing Council—averred that Mr Olugbenga's suit was statute barred for not being filed within the period stipulated by Tai Solarin University of Education Law and that the instant case fails to disclose a reasonable cause of action against the Vice Chancellor, Tai Solarin University of Education, and Chairman of the Governing Council.
The Counsel posited that the contention of Mr Olugbenga that his invitation for a chat with the University’s Staff Investigative Committee was illegal in view of the criminal charge against him has no basis in law as the law is settled that a proper civil suit on a known subject matter may be commenced and maintained during the pendency of a criminal charge on the same subject matter.
The University witness stated under oath that the issuance of query is not a requirement of the Public Service Rules of Ogun State or any other law regulating the employment of Mr. Olugbenga before disciplinary actions may be commenced against Mr. Olugbenga.
In opposition, Learned Counsel to Mr Olugbenga submitted that the case was filed within the time and the period of limitation under the Public Officers Protection Act referred to by Tai Solarin University of Education, and Chairman Governing Council does not apply to cases founded on contract that the University failed to comply with the disciplinary procedure as set out in the Public Service Rules of Ogun State.
Delivering judgment after a thorough evaluation of the submissions of both parties, the presiding Judge, Justice Dele Peters overruled the preliminary objection as raised by the Vice Chancellor, Tai Solarin University of Education, and Chairman Governing Council and held that limitation statutes do not apply to breaches of contract or for claims for work and labour done.
Justice Dele Peters ruled that the punishment of suspension was imposed on Mr. Olugbenga without being queried for any infraction or offered an opportunity to make a representation, and held that the setting up of the Staff Investigative Committee on Ethics and Discipline and subsequent invitation of Mr. Olugbenga to same without a query is of no moment as it has no foundation upon which to rest.
The Court declared the latent and surreptitious attempt on the part of the Vice Chancellor, Tai Solarin University of Education, and Chairman Governing Council to haul Mr Olugbenga before a purported Staff Investigative Committee on Ethics and Discipline of the University to ‘have a chat’ over the same spurious allegations of misconduct for which Mr Olugbenga has been discharged and acquitted as unconstitutional, illegal, null and void.
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