THE Akure Division of the National Industrial Court may be heading for contempt proceedings against the Vice-Chancellor of the Federal University, Oye-Ekiti (FUOYE), Ekiti State, following last Thursday’s advice by presiding judge to FUOYE to comply exactly with the terms of the consent judgement of the court that reinstated the appointment of illegally dismissed lecturer of the university, and Chairman of the FUOYE Branch of the Academic Staff Union of universities (ASUU), Dr Omonijo Akinyemi.
Presiding Judge, His Lordship, Honourable Justice K. D. Damulak, gave the directive when counsel to Dr Omonijo, Mrs Funmi Falana Esq., briefed the court on the state of settlement since the court last sat on the matter.
She told the court that though another letter of reinstatement of the appointment was sent to the claimant based on the advice of the Hon. Justice Damulak at the last sitting of the court on 16th June, 2022, the second letter of reinstatement of appointment of the claimant is harsher and more disparaging than the first one that was rejected.
Mrs Falana stated that the defendant, FUOYE, cannot introduce any clause outside the terms of the consent judgment of the court, asserting that the defendant is only deploying delay tactics to unnecessarily waste the court’s time and to financially and economically strangulate the claimant who has been illegally denied pay for about four years.
Justice Damulak thereafter demanded for a copy of the second letter of reinstatement of the appointment of the claimant written to him by FUOYE, and after reading it, asked the counsel to the defendant, Mr. T. S. Adegboyega Esq., if he had seen the letter. The counsel admitted reading it stating that a copy of the letter is with him.
Justice Damulak agreed with the claimant’s counsel that the content of the letter is indeed humiliating, and he asked Mr Adegboyega whether all the staff of FUOYE signed an undertaking apart from the letter of appointment.
The presiding judge stated that a letter of appointment implies that staff shall abide by the rules and regulations of the university. However, the defendant’s counsel responded that the only complaint from the claimant’s counsel was the word “dismissal” in the first letter of reinstatement of appointment at the last sitting of the court on the matter, and that that word been changed to read “suspension”.
Justice Damulak advised the defendant’s counsel for the second time to advise his client (FUOYE) to write another letter of reinstatement of appointment of the claimant in line with the consent judgment of the court without any clause.
The defendant’s counsel admitted before the court that he will advise his client (FUOYE) to do the needful in line with the consent judgment of the court.
After the submission of Counsels of both parties, His Lordship adjourned the case to 23rd November, 2022 for report on settlement.
The second letter of reinstatement of the appointment of the claimant, dated 3rd October, 2022 from FUOYE reads in part:
“I am directed to inform you that the University is in receipt of a court judgement in respect of the case you instituted against it, following your suspension from the services of University for serious misconduct. Accordingly, the Governing Council, at its Extraordinary Meeting held on Wednesday, 3rd November, 2021, directed that you be reinstated to the services of the University with immediate effect with the following conditions:
“(i) that you should sign an undertaking to be of good behaviour henceforth; and (ii) that a letter of advise [sic] be served on you to desist from any act of misconduct that could disrupt the current peace and tranquillity that is being enjoyed in the University.
“Accordingly, you are hereby reinstated with immediate effect and expected to desist from any act that can disrupt the peace and stability in the University.
“Please note that you are required to resume within one month from the date of this letter, failing which the Governing Council will assume that you are no longer interested in the services of the University.
“Please note that this letter supersedes our letter Ref: FUOYE/REG/PEO/STM.ACAD/87/Vol.9/057 dated 10th November, 2021.”
