Media
- Home
- Details
Lagos---His Lordship, Hon. Justice E. A. Oji of the National Industrial Court of Nigeria, Lagos Judicial Division on Wednesday 11th July 2018 in a ruling dismissed preliminary objection filed by PROF. OLANREWAJU ADIGUN FAGBOHUN and Anor (Defendant) challenging the jurisdiction of the court to hear the suit brought by PROF. BABATUNDE AKIBU SOLAGBERU (claimant) for lacking merit and also set aside internal memorandum dated the 7th March, 2018 titled “QUERY RE: BILL TO AMEND THE LAGOS STATE UNIVERSITY LAW, 2015”.
On 29th November 2017, the Claimant commenced this suit via the General Form of Complaint and claimed the following reliefs against the Defendants among others: A Declaration that the 1st Defendant's directive that Audit enquiries be carried out at the Lagos State University, College of Medicine was issued by the 1st Defendant in bad faith and pursuant to the achievement of a premeditated outcome against the Claimant and that the setting up of the panel of Audit Inquiry was done in a manner to deny the Claimant his constitutional right of fair hearing as guaranteed by the constitution of the Federal Republic of Nigeria 1999 as amended. A Declaration that since the setting up of the Audit Query Panel by the 1st Defendant and the action of the Audit Query Panel violates the constitutional rights to fair hearing of the Claimant, the purported outcome of the Audit Query must be declared void and at no effect and the 2nd Defendant cannot act or do anything to give effect to the alleged finding(s) of the Audit Query Panel.
In reaction to the suit, the Defendant brought a Notice of Preliminary Objection for An Order declining jurisdiction to hear and determine this matter due to the failure of the Claimant to exhaust all local remedies as provided for in his condition of service with the Lagos State University before commencing this action.
Claimant states that the Defendants started the full implementation of the Directives of the Finance and General Purposes Committee of the Council without affording him his right to fair hearing under the 1999 Constitution and the LASU Law Chapter L69, 2015.
After reviewing the argument, processes filed and the submissions of learned Counsel for both parties, the Court Presided by Hon. Justice E. A. Oji expressed thus;
“I have considered the averments of the parties with respect to the Notice of Preliminary Objection and the arguments of Counsel. I find, from a critical consideration of this chapter that the Defendant had not complied with their own internal mechanism. The Claimant had not gone through the Joint Council – Senate Disciplinary Committee before the Report was adopted and forwarded to the Council which should be the last stage in the Process.
“In the circumstance of this case, I find that it will not be in the interest of justice to throw out this suit, the Disciplinary procedure of the Defendant having reached its final arbiter without the Claimant’s input, and the questions raised in the suit being questions of the extent of the exercise of powers provided in the legal instruments governing the Defendants. The Notice of Preliminary Objection therefore fails; and I so hold.
On the application for interlocutory injunction, his Lordship expressed that the action of Defendants, in issuing further queries on the Claimant while this suit is pending, and while there was an application to reverse previous queries and prevent future ones, under any guise, should not be condoned.
The court ordered that the Defendants are restrained, either by themselves, their servants, agents, privies, officers, officials, personal representatives and or any person or persons howsoever from issuing to the Plaintiff any query or take any further step to issue the Plaintiff any query whatsoever pending the hearing and final determination of the substantive suit and also set aside the internal memorandum dated the 7th March, 2018 titled “QUERY RE: BILL TO AMEND THE LAGOS STATE UNIVERSITY LAW, 2015”
For Full Ruling, Click Here
