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The Presiding Judge, Ibadan Judicial Division of the National Industrial Court, Hon. Justice J. D. Peters has ordered the Governing Council of the Federal College of Education, Abeokuta, and others to immediately reinstate Mr Adewale to his position as Senior Lecturer and pay all outstanding salaries and statutory entitlements owed to him.
Justice Dele Peters declared the dismissal of Mr Adewale by the College’s Governing Council via the letter dated 14/10/2019 as wrongful, unlawful and in violation of the College of Education’s policies and procedures as contained in the College’s Revised Conditions of Service 2015.
Justice Dele Peters directed the College’s Governing Council, its provost to immediately pay to Mr Adewale the sum of =N=3,600,000.00 (Three Million Six Hundred Thousand Naira) only, being the sum entitled as a beneficiary of the Tetfund programme long before the date of his dismissal from service, to enable him to complete his Doctoral programme.
The Court also ordered the College’s Governing Council, its provost, to pay Mr Adewale all his arrears of salaries and emoluments from October 2019 till date and the sum of Five Hundred Thousand Naira (=N=500,000.00) cost of action.
From facts, the claimant, Mr Dada-Korede, submitted that he was employed by the Federal College of Education, Abeokuta, as a Lecturer and rose to the position of Senior Lecturer before his dismissal on 14 October 2019.
Mr Adewale stated that his dismissal was based on allegations of misconduct, which he contended were unfounded, unproven and contrary to the Revised Conditions of Service 2015 for Colleges of Education.
Mr Adewale posited that he was denied a fair hearing and that all efforts to challenge the allegations internally proved abortive, urging the Court to grant the reliefs sought in the interest of justice.
In defence, the Defendants, the Governing Council of the F.C.E Abeokuta, its provost contended that Mr Adewale was dismissed after disciplinary committees investigated the allegations and found him culpable, arguing that he was given a fair hearing in line with the Conditions of Service and the Public Service Rules.
Delivering judgment, the Presiding Judge, Justice Dele Peters reiterated that once an employer gives reason for dismissing an employee, the employer has the burden of proving the reasons so adduced.
Justice Dele Peters held that the College of Education Governing Council and others failed to prove allegations of misconduct against Mr Adewale and held that Mr Adewale's dismissal was wrongful, unlawful and in breach of the Conditions of Service.
The Court entered judgment in favour of Mr Adewale, ordered his immediate reinstatement to his position as Senior Lecturer with effect from 14 October 2019, and granted a perpetual injunction restraining the Defendants from intimidating Mr Adewale on the set of facts presented in the suit or any set of facts similar to those presented in the suit.
Justice Peters declared that the dismissal of Mr Adewale was wrongful, unlawful, unfair, and constituted a breach of the Revised Conditions of Service for Colleges of Education.
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