Court reinstates sacked EKSU staff, orders payment of salaries

The National Industrial Court, Akure Judicial Division has ordered Ekiti State University, Ado Ekiti, to reinstate 32 technologists whose appointments were terminated by the institution in December last year.

The presiding judge, Justice K.D Damulak, in the judgment in suit number NICN/AD/03/2020 whereby the 32 technologists dragged EKSU, the university Governing Council and the Vice-Chancellor (first to third defendants respectively) to court, declared the termination of the applicant’s appointment as “unlawful, null and void”.

In the judgment delivered on December 8, which copy was made available to journalists in Ado Ekiti on Sunday, Damulak said, “The claimants are hereby reinstated to their erstwhile positions in EKSU. The first defendant (EKSU) is hereby ordered to pay the claimants (the 32 technologists) their three months’ salaries owed them before their unlawful disengagement.

“The first defendant (EKSU) is hereby ordered to pay the claimants their salaries, emoluments and allowance and from the date of their unlawful termination till reinstatement today 8th December, 2020 and subsequently till retirement.

“The employment of the claimants with the defendants enjoys statutory flavour. The employment of the claimants with the defendants is hereby regulated by the defendants’ statute, regulations and the claimant’s letter of employment,” the court ordered.

Although the court said the claimants were not entitled to general damages, it ordered the defendants to pay each claimant cost of N50,000 only.

It ordered, “The salaries and cost up till today 8th December, 2020 are to be paid within 30 days of this judgment or the amounts will attract 10 per cent interest per annum”.

The 32 technologists had asked the court to determine whether their employments with EKSU enjoyed statutory protection and whether their disengagement was compatible with their status of employments which enjoyed statutory flavour.

Among others, they had sought a declaration of the court that their disengagement as staff of EKSU “in the manner it was done was unlawful, irregular, illegal and therefore null and void and of no effect.

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