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Court nullifies UNILAG’s sack of lecturer over due process violation

THE National Industrial Court of Nigeria (NICN) has declared the 2021 sacking of Mr. Bamisaye Olutola, an Assistant Lecturer in the Department of Public Law at the University of Lagos (UNILAG), null and void, citing a breach of due process as outlined in the University of Lagos Act.

Delivering judgment in Lagos on July 17, 2025, Justice Ikechi Nweneka ruled that Mr. Olutola’s appointment as Lecturer II remains valid and is deemed confirmed, ordering the university to reinstate him without loss of seniority, promotion, or salary.

Mr. Olutola was employed in November 2016 and suspended indefinitely in September 2019 following allegations of sexual harassment. He was later dismissed on July 6, 2021, on the grounds his services were no longer required. However, the court found that the termination violated Section 18 of the UNILAG Act, which mandates the university senate to investigate such allegations before any disciplinary action.

In suit no. NICN/LA/441/2021, filed on November 19, 2021, Olutola argued that his employment was governed by statute and could not be terminated without following proper procedures. Justice Nweneka agreed, stating that the termination was “wrongful and unlawful” and had no legal effect.

The court also ordered that UNILAG pay Olutola all outstanding salaries and allowances from August 2021 to date, and continue payment thereafter. In addition, the university must pay ₦750,000 in legal costs, and all monetary judgments are to be implemented within 30 days, failing which interest will accrue at 10% per annum starting August 15, 2025.

Justice Nweneka also issued a perpetual injunction restraining the university or its agents from unlawfully interfering with Olutola’s employment, reinforcing the need for institutions to respect the statutory protections of academic staff.

While the court dismissed two of the ten reliefs sought,  including a ₦10 million general damages claim, it granted eight, affirming the claimant’s right to fair treatment and proper confirmation after over four years of service.

UNILAG had maintained that Olutola was still on probation at the time his employment was terminated, a claim the court found inconsistent with the institution’s own regulations, which mandate confirmation after three years.

Chief Paul Omoijiade represented the claimant, while the university was represented by Ibukun Ajomo, B.A. Adesoji, and Victor Ilodigwe.

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