The National Industrial Court in Ibadan, on Wednesday fixed April 5 for adoption of final written addresses in a N8 million damage suit filed by ex-lecturer at the University of Ibadan (UI), Prof. Adenike Ogunshe, over alleged unlawful termination of her appointment.
Ogunshe of the Department of Microbiology, Faculty of Science, had dragged the institution and its council to the court and demanded for N8 million as damage against the institution,saying due process was not followed.
At the resume hearing of the suit on Wednesday Counsel to the University of Ibadan, Mr Adebayo Ajayi, informed the court that he had communicated to the institution management on December 14, 2020 directive of the court to settle the matter out of court.
Ajayi , who was in company of retire Prof. Oluwole Osunubi and Prof. Ishola Fashidi, who were appointed by the institution to oversee to the settlement, said that he was unable to get the cooperation of the claimant’s counsel.
Justice John Peter later called the two professors to brief the court on what they notice why trying to settle the matter.
Osunubi and Fashidi informed the court that they discovered that the UI Department of Microbiology where the claimant work was not willing to take back the claimant when consulted.
The professors said the department want the claimant to apologise and repent before they could take her back.
The claimant’s counsel, Mr Femi Aborisade, told the court that there was an indication that the defendants are not willing to settle the matter amicable but to delay the matter unnecessary.
Aborisade said that the institution being the employer does not need to consult Microbiology Department on their decision on the settlement,if they were serious with the settlement.
He said it was the Univesity of Ibadan that ought to take a decision on the settlement and not the Microbiology department and uged the court to allow him move his application for adoption of final written address.
Justice John Peters said it was wrong for Microbiology department to insist not to take the claimant back,adding that they are all employees and no law allow the employee to dictate to the employer.
Peters said there was the need for the parties to tolerate one another,adding that life was about shifting ground.
” Am still appealing to counsel to find way to resolve this matter amicably, I don’t see any dispute that is beyond amicable settlement
” Section 20 of the National Industrial Court Act encourage reconciliation and amicable settlement of matters,” the judge said.
The judge then adjourned the matter till April 5 for adoption of final written addresses of parties.
It would be recalled that the claimant counsel had informed the court that his client’ s appointment was unlawfully terminated on June 14, 2016, over alleged misconduct.
He urged the court to declare the termination of the appointment of his client as unconstitutional and a violation of her constitutional right to justice and fair hearing.
She urged the court to set aside the purported termination and order her reinstatement without any loss of earning, salaries and allowances and an award of N8 million as damages against the university for failure to give her three months notice before the termination of her appointment. (NAN)
