The National Industrial Court of Nigeria has ruled that the 2021 termination of Mr. Bamisaye Olutola, an Assistant Lecturer in the Department of Public Law at the University of Lagos (UNILAG), was unlawful, null, and void.
Delivering judgment in suit no. NICN/LA/441/2021 on July 17, 2025, Justice Ikechi Nweneka declared that Olutola’s dismissal violated Section 18 of the University of Lagos Act, which mandates the Senate to investigate any allegations against university staff before disciplinary actions can be taken.
“Since the claimant’s appointment is supported by statute, the termination is null, void and has no effect whatsoever,” the court held. “This means that the claimant was and continues to be a lecturer at the defendant.”
Justice Nweneka granted eight of the ten reliefs sought by the claimant and ruled as follows:
- Reinstatement: Olutola is to be reinstated to his post without any loss of seniority, promotion, or emoluments.
- Appointment Confirmed: The court ruled that Olutola’s appointment is deemed confirmed, having worked for over four years with the university.
- Indefinite Suspension Unlawful: His suspension for 21 months and 15 days was declared illegal, violating internal UNILAG regulations that require a specific suspension period.
- Full Salary and Allowances: UNILAG must pay Olutola all outstanding salaries and allowances from August 2021 until the date of judgment, and continue payments henceforth.
- Perpetual Injunction: The university is barred from further tampering with the claimant’s employment unlawfully.
- Costs Awarded: The university is to pay ₦750,000 in costs to the claimant.
- Interest: Post-judgment interest of 10% per annum on monetary awards will accrue from August 15, 2025, until payment is completed.
Mr. Olutola was employed on 28 November 2016 and his appointment regularised on 25 March 2019. He was suspended indefinitely in September 2019 following allegations of sexual harassment. However, the university failed to constitute a disciplinary panel in accordance with the University of Lagos Act before proceeding to terminate his appointment via a letter dated 6 July 2021, citing that his services were “no longer required.”
The university also failed to confirm his appointment despite exceeding the maximum probation period, further breaching senior staff regulations and the terms of his employment.
Following a letter from his solicitors dated 27 July 2021, which went unanswered, Olutola filed suit on 19 November 2021, seeking ten reliefs.
UNILAG claimed that the termination was lawful and that Olutola was still on probation at the time. However, the court rejected this argument, holding that the length of service and the university’s inaction constituted implied confirmation of his employment.
Two claims were denied:
- Relief 7, which sought a restatement of his confirmed status, was deemed duplicative of an earlier relief.
- Relief 8, seeking ₦10 million in general damages, was dismissed to avoid double compensation, since Olutola had already been awarded reinstatement and back pay.
- For the claimant: Chief Paul Omoijiade.
- For the defendant: Ibukun Ajomo, B.A. Adesoji, and Victor Ilodigwe.
Justice Nweneka concluded that the claimant’s suit succeeded in part, with eight of ten reliefs granted, and the university given 30 days to comply with the judgment. Failure to do so will attract the stipulated 10% annual interest on the financial awards.
This ruling reinforces statutory protections for staff in Nigeria’s tertiary institutions and sets a precedent against arbitrary dismissal and indefinite suspension without due process.