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The Presiding Judge, Asaba Judicial Division of the National Industrial Court, Hon. Justice Opeloye Ogunbowale has declared the employment termination of Dr. Bakare from the service of the American University of Nigeria as wrongful.
The Court held that there was no justification for the termination of Dr. Bakare's appointment and declared the action of the American University of Nigeria as wrongful.
Justice Ogunbowale held that the way and manner Dr Bakare’s employment was terminated by the American University of Nigeria is the one which carries with it stigma and awarded the sum of N5 million in favour of Dr Bakare as damages for wrongful termination of his employment with the sum of N500,000.00 cost of action.
From facts, the claimant- Dr. Bakare had submitted that his termination by the American University of Nigeria, Its Vice Chancellor, the Governing Council and the Senate could only be considered valid when they ultimately responded to his appeal against the committee's report in the letter dated August 23, 2021.
Dr Bakare stated that through the unjust compulsory termination, he had suffered financial losses, including missed promotions, foregone benefits, damage to reputation, and lost opportunities. Dr. Bakare sought reinstatement and financial compensation, encompassing salaries that would have been earned if the termination had not occurred.
In defence, the Defendants- the American University of Nigeria, Its Vice Chancellor, the Governing Council and the Senate argued that Dr Bakare’s failure to establish or prove successfully the alleged breach of the disciplinary procedure set out under the condition of service spells doom on Dr Bakare’s case and urged the Court to dismiss the case in its entirety.
In opposition, D. Bakare’s Counsel, O. E. IGE Esq averred that the allegation of misconduct against Dr. Bakara before the panel was not established and that hence, his client is not guilty of the offence as there is no offence tagged “Unacceptable Conduct” in the University Faculty Manual or Human Resources Manual.
After careful perusal of the submissions of both parties, in a well-considered judgment, the Presiding Judge, Justice Opeloye Ogunbowale held that the offence of misconduct was never established against Dr Bakare but in spite of this, the University through its officers still went ahead to terminate the employment of Dr Bakare.
The Court directed that the judgment sum of One Million Naira should be paid by the American University of Nigeria, Its Vice Chancellor, the Governing Council and the Senate before the expiration of Thirty (30) days from the date of the judgment.
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