Owerri---The Presiding Judge, Owerri division of the National Industrial Court, His Lordship, Hon. Justice Ibrahim Galadima has dismissed the case filed by the former Imo State Vice Chancellor Professor Aloysius Awuzie challenging the termination of his appointment against the governor of Imo state and 3 others for lacking merit.
The Court held that the termination of Prof. Awuzie appointment was done lawfully and in substantial compliance with the law establishing the university.
The Claimant- Prof. Awuzie sought for a DECLARATION that TERMINATION OF his APPOINTMENT AS VICE-CHANCELLOR IMO STATE UNIVERSITY OWERRI is null and void, invalid, illegal and of no consequential effect whatsoever having been issued without complying with the Imo State University Law, 1999 Constitution and other existing legislation and best Labour Law practices amongst others.
The Imo state governor and its attorney general submitted that the Court lacks the Jurisdiction to entertain one of the reliefs that the subject matter of the suit does not fall within the jurisdiction of the Court.
Furthermore, learned Counsel argued that the termination of the Claimant’s appointment by the Imo State Governor was done in accordance with the Imo State University Law for gross misconducts.
And further, that claimant having resigned voluntarily from the service of the Imo State University to participate in politics, assuming without conceding that he was still the Vice-Chancellor for the period he was still involved in politics, he would not have been entitled to salaries and other allowances as claimed, urged the Court to dismiss the suit entirely.
In opposition, Prof. Awuzie submitted that University failed to comply with the laws setting up the University and which denied him right to fair hearing as guaranteed by the Constitution urged the Court to discountenance the submissions of the defendants for based on wrong premise and assumptions
After careful evaluation of the submissions and processes of both counsel, the presiding Judge, Justice Galadima declined the submission that the Claimant was not afforded a fair hearing and expressed that the Constitutional provision was not breached.
The court held that the visitor to the Institution has unfettered discretion to terminate the appointment of the Vice-Chancellor if the Governor decides that the Vice-Chancellor committed any acts likely to be seen as misconduct.
In all, the court dismissed the suit for lacking merit.