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Ibadan ---Hon. Justice Opeloye Ogunbowale of the National Industrial Court of Nigeria, Ibadan Judicial Division, capital of Oyo state has nullified the suspension of two lecturers of Tai Solarin College of Education (TASCE) by the Ministry of Education, Ogun State. His Lordship declared that the applicants were not given a fair hearing by either the governing council of the college or the state Ministry of Education.
The Presiding judge, however, ordered the Ministry of Education and governing Council to pay a sum of N100, 000 in favour of the applicants.
The affected lecturers – Dr Daniel Oludipe and Dr Dupe Adenuga – were suspended in April last year over the protest letters they wrote, agitating for the payment of their 42 months’ salary arrears and non -remittance of nine months cooperative deductions and housing scheme.
The court, which ruled that the suspension of the lecturers was subject to judicial review, subsequently quashed the suspension.
The court also prohibited the governing council and the state Ministry of Education from further implementing their decisions and declared the letters of suspension of the lecturers null and void.
The judgment read, “The Ministry of Education, Ogun State, acted ultra vires or in excess of its powers by suspending the two applicants.
“Where the enabling law makes clear the provision for the person or the body that can discipline employees as done by the Tai Solarin College of Education law 2018, the law must be followed and only the body imbued with power by the enabling law of the institution can carry out disciplinary powers.
“The applicants in this case were disciplined contrary to the enabling law by the persons not contemplated by the law.
“The only competent authority that is vested with the power to retire or remove anyone from office is the university council and not the Ministry of Education.”
Credit: Leadership
