Victor Ogunje in Ado Ekiti
The expectation that a lecturer of the Federal University, Oye Ekiti (FUOYE), Dr. Adeyemi Ezekiel Oluwagbemiga, would be recalled has been dimmed as the management of the university has challenged the judgement ordering his reinstatement at the appellate court.
The National Industrial Court (NID) in Akure, Ondo State capital, had on November 12, 2019, faulted Adeyemi’s sack as FUOYE’s employee and mandated the governing council to reverse the action with immediate effect.
The NID presiding Judge, Justice Oyewumi O.O, also directed the management of the institution to pay all his entitlements up to date from the day he was sacked.
Adeyemi, who was a claimant at the Lower Court, was sacked in 2017 by the university, which prompted him to approach the NID through his lawyer, Femi Falana(SAN), to seek redress, and he got favorable judgement.
A Notice of Appeal with registration number NICN/AK/64/2018 filed by appellant (FUOYE) at the Court of Appeal, Akure Division, which was made available to journalists in Ado Ekiti yesterday faulted the judgement of the lower court and prayed the appellate court for a reversal.
The appeal was filed by M. T. Abari, D.I. Adesina, M. M. Sanni and Clement Auche on behalf of the appellant (FUOYE).
The reliefs sought from the Court of Appeal included an order allowing the appellant to appeal the judgement and an order setting aside the lower court’s decision upholding the claimant’s complaints.
The appellant also sought an order dismissing the claimant’s relief that he should be recalled back to work by the university as granted by the lower court.
The notice stated that: “The lower court erred in law by holding that the dismissal of the respondent from the employment of the appellant did not follow the laid down procedures as stated in the extant law and staff regulations without taking into consideration the delegated powers of the appellant governing council.”
On the fear by Academic Staff Union of Universities (ASUU) that non-implementation of the NID’s judgement showed that the sacked lecturer was being victimised, his lawyer, Ahmed Gbadamasi of the Falana and Falana Chambers in Lagos, said the university had taken the right decision by appealing the judgement.
“FUOYE has not breached any law by not implementing the judgement before going on appeal. The only way such insinuation could emerge is if the university is delaying the appeal, because justice delayed is justice denied.
“The appeal must be given expeditious trial so that the respondent won’t be denied justice,” he said.