Court nullifies suspension of two Ogun lecturers

The National Industrial Court sitting in Ibadan, Oyo State, has
nullified the suspension of two lecturers at the Tai Solarin
College of Education, Omu-Ijebu, Ogun State.

The presiding judge, Justice Opeloye Ogunbowale, in his judgment
in Abeokuta, submitted that the applicants were not given a fair
hearing by either the governing council of the college or the state
Ministry of Education.

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 judgement 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.”

The court added that the actions of the respondents amounted to
executive lawlessness and flagrant disregard to the enabling law of
the college.