FUOYE Management disobeys court consent judgment, refuses to recall ASUU Chairman on agreed terms

Posted by News Express | 28 January 2022 | 892 times

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•FUOYE VC, Prof. Abayomi Fasina


Six months after it submitted itself to a consent judgement by the National Industrial Court of Nigeria (NICN), Akure, Ondo State, the Management of Federal University Oye-Ekiti (FUOYE) has yet to obey the judgement which mandated it to recall Dr. Akinyemi Omonijo, Chairperson of the FUOYE Branch of the Academic Staff Union of Universities (ASUU-FUOYE) from indefinite suspension without pay since February 2019.

Dr. Omonijo had been suspended without pay on account of unionism but he sought redress at NICN Akure. However, the FUOYE Management approached him and the ASUU-FUOYE for an out-of-court settlement during the pendency of the case before His Lordship, Hon. Justice K. D. Damulak.

News Express learnt that after several meetings and discussions between the Claimant and Defendant, the counsel of both parties agreed on terms of settlement. The agreement was signed by the Claimant, Dr. Akinyemi Omonijo, and his Counsel, Mrs Funmi Falana, while Prof. Abayomi Fasina, FUOYE’s Vice Chancellor, signed for the Defendant (FUOYE) and Mr. Ebun-Olu Adegboruwa, SAN signed as Defendant’s Counsel. Both the Claimant and the Defendant filed the matter on July 26, 2021 wherein the parties agreed to settle the matter out of the court and consent judgment was entered by His Lordship, Hon. Justice K. D. Damulak as follows:

* That the letters dated 14th and 15th February, 2019 regarding the suspension of the Claimant are withdrawn along with the withdrawal of the Claimant’s claims in this suit.

* The Claimant shall be reinstated by the Defendant upon the Court entering these terms as its judgment in this case.

* That the Claimant shall be paid his outstanding salaries and allowances from February 14, 2019 to June 1, 2021 upon the Court entering these terms as judgment of the Court in this suit.

* Pursuant to and in consideration of the foregoing, the Claimant hereby permanently withdraws and discontinues all his claims against the Defendant as contained in his Form of * Compliant and Statement of Fact both dated 29th April, 2019 or any claim whatsoever arising from the circumstances that led to this action.

* That the Claimant shall also discontinue the instant suit and further drop all claims against the Defendant.

* That the effective date of this agreement shall be the day of entering of these terms as judgment of the Court.

* That the parties to this suit hereby agree that terms herein contained shall be made the Judgment of This Honourable Court.

* That each party shall bear its own cost in this suit.

* That the parties have further agreed that the above Terms of Settlement shall form the Judgment of This Honourable Court.

News Express learnt that after the signing of the agreement, a letter of reinstatement of appointment dated 10th November, 2021 signed by Mr. Mufutau Ibrahim, Ag. Registrar and Secretary to the FUOYE Council, was sent to Dr. Akinyemi Omonijo with the following contents:

“I am directed to inform you that the University is in respect of a court judgment in your favour regarding the case you instituted against it, following your dismissal from the services of the University for serious misconduct. Accordingly, the Governing Council of the University at its 6th Extraordinary Meeting held on Wednesday, 3rd November, 2021, directed that you be reinstated to the services of the University with immediate effect.

“However, considering the nature of the offence you committed which comes under serious misconduct in the PSR 3(030411) and could result in the institution of a criminal case against you, in which case a further disciplinary action would be taken irrespective of the outcome of the criminal proceedings, in deference to the court, Council further directed as follows:

You should sign an undertaking to be of good behavior henceforth; and

A letter of advice be served on you to desist from any act of misconduct that could disrupt the current peace and tranquility that is being enjoyed in the University.

“Accordingly, you are hereby reinstated with immediate effect and advised to desist from any act that can disrupt the peace and stability in the University.

“Please accept the warm regards of the Vice-Chancellor.”

The letter of reinstatement of appointment from the University to Dr. Akinyemi Omonijo was acknowledged by a letter dated 14th December, 2021 and signed by Mr. Joshua Omidoyin, a Counsel at Falana and Falana’s Chambers. The letter read in part:

“While appreciating the decision of the University to end the litigation pertaining to the suspension of our Client from duty, we urge the Council to comply with the consent judgment of the National Industrial Court on the matter in every material particular. It is pertinent to note that the Court did not attach any precondition for the reinstatement of our Client.

“Thus, the demand for a letter of good behavior on the part of our Client is not part of the terms of the judgment. In order not to be accused of engaging in contempt of Court, we are therefore compelled to request the Council to ensure that the letter for the reinstatement of our Client should reflect the terms of the enrolled judgment of the National Industrial Court.”

As at the time of filling this report, FUOYE’s Management was yet to reply the letter and the Vice-Chancellor, Prof. Abayomi Fasina, had declined to honour the consent judgment of the court despite signing the terms of settlement on behalf of the university.

Source: News Express

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