The university urged the court to dismiss the suit.
The claimant’s team maintained that the institution acted without due course to the provisions of the National Open University of Nigeria Act, and urged the court to grant his prayers.Mr Kado acknowledged in his judgment that the university authorities could have been weak in taking right disciplinary action against the claimant at the appropriate time, but ruled that his disengagement in 2017 was done in violation of the law.
Mr Kado said the university should blame itself “for all the derelictions or negligence in not taking appropriate action at appropriate time when it matters most,” adding that it could not validly sack the claimant without following due process.He said due process was not followed and the university’s establishment law was disregarded in disengaging the claimant.
He added that “the failure by council to strictly adhere to the provision of section 14 of the Act and regulations exhibit CE1-65 has rendered termination of the claimant’s employment void.”In setting aside Mr Ipaye’s sacking, the judge also noted that the university made contradictory claims the reasons for sacking the claimant in 2017.
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