The National Industrial Court of Nigeria (NICN), sitting in Owerri, Imo State, has ordered the restoration of Professor Vincent Ele Asor to his rank as a professor at the Micheal Okpara University of Agriculture, Umudike (MOUAU), Abia State.
Asor had dragged the university to the NICN in Suit No: NICN/OW/29/2019, challenging his demotion from the rank of professor of Mathematics to a Senior Lecturer on May 20, 2019, by the Governing Council of the University.
He also stated in the suit that he was not given the opportunity to defend himself, if at all he had committed any offense before the university decided to humiliate him by such decision.
The university however said Asor had the opportunity to present his Letter of Transfer of Service from previous institutions where he had worked, but he failed to produce such, hence it was deemed that he had no defence.
Delivering judgement on the suit, the Presiding Judge, Justice Ibrahim Suleiman Galadima, granted six of the seven reliefs sought by Asor and ordered the defendants to continue to pay the claimant’s salaries, emoluments and allowances as a professor of the institution.
Asor, in the reliefs he sought wanted “a declaration that the defendant’s letter of 20/5/2019 titled “Council Decision on Staff Audit/Proper Placement” purporting to revert the claimant’s appointment from the rank of a professor of Mathematics to senior lecturer in the employ of the third defendants (sic) is ultra vires, null and void and of no effect;
“A declaration that his appointment in the service of the third defendant (sic) as a professor is subsisting and valid; a declaration that the reversion of his appointment from the rank of professor of Mathematics to Senior Lecturer in the employ of the third defendant (sic) is not in line with the 2017 Conditions of Service for Senior Staff of the MOUAU.
“A declaration that the failure, refusal, or neglect of the defendant to afford the claimant an opportunity to be heard before the purported reversal of his appointment from the rank of a professor to Senior Lecturer is a breach of the claimant’s right to fair hearing and is therefore unconstitutional, null, void and of no effect whatsoever;
“An order compelling the defendant to reinstate and or restore the claimant to his post as professor of Mathematics in the MOUAU with all his rights, entitlements and emoluments of office as a Professor.
“An order compelling the fefendants to continue to pay the claimant’s salaries, emoluments and allowances as a professor of MOUAU, and an order setting aside the Defendant’s letter dated 20/5/2019 titled “Council Decision on Staff Audit/Proper Placement being that same was null and void.”
In his judgment, Galadima declared the demotion of the professor as punitive, oppressive and was ultra vires, null and void and of no effect, saying that the demotion was not in line with the 2017 conditions of service for senior staff of the university.
The court therefore set aside the letter of the Governing Council of the university, dated 20/5/2019, titled “Council Decision On Staff Audit/Proper Placement”, declaring it null and void.
“It is therefore my honest belief, that his appointment cannot be subjected to the quirks and vagaries of the defendant in the manner that it was done simply because some of his colleagues in the university community are dissatisfied with his appointment, and I so hold.
“The only way the defendant can succeed in downgrading him is if he accepts a fresh appointment on a downgraded rank or if his current appointment were terminated by the fefendant in accordance with the statute and terms and conditions of his appointment.
“On the whole, and for all the reasons above adduced, the invalidation and withdrawal of the professorial appointment of the claimant by the defendant vide Exhibit C3, dated 20/5/2019 is not only wrong, but most oppressive.
“The arguments of the claimant as to unfair hearing do not even arise as the very action of the defendant in downgrading, invalidating and withdrawing his professorship is indeed wrong and unjust ab initio.
“Thus held, the claimant’s case is meritorious and his reliefs (1), (2), (3), (5), (6) and (7) are hereby granted in the terms indicated above. Judgment is entered accordingly,” the trial judge ruled.
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