By Desire Emmanuel
The National Industrial Court on Wednesday quashed the compulsory retirement of a Senior Lecturer at the University of Lagos, Akoka, while it also ordered the university to pay him his emoluments from 2021 to 2023 and also the sum of N5 million as damages.
Justice Rabiu Gwandu of the Lagos Division of the court, while ruling on the matter, declared as unconstitutional, unlawful, null and void, the decision of the university as contained in its letter dated 2nd August, 2021 to retire the lecturer, Dr. Wale Mobolaji, as an academic staff of the university without compliance with the provisions of Section 36 (1) of the Constitution and Section 18 (1) of the University of Lagos Act.
Justice Gwandu held that the University of Lagos acted unlawfully in the compulsory retirement of Dr. Mobolaji without adhering to the statutory procedures.
According to court documents, Dr Mobolaji told the court that he was compulsorily retired on August 2, 2021 following allegations of falsifying his date of birth. He argued that the retirement was unlawful, unconstitutional and the university deprived him of right to a fair hearing.
However, the defendants, the University of Lagos, its Council and Senate, through their counsel, maintained that the retirement of Dr Mobolaji was lawful because he had reached the mandatory retirement age, as per official records, and that the university acted within its powers.
The counsel further argued that Dr Mobolaji had no right to additional benefits or compensation beyond statutory retirement provisions and urged the court to dismiss the case.
Opposing the argument, Dr. Mobolaji’s counsel argued that his client’s compulsory retirement was wrongful, discriminatory and procedurally flawed, urging the court to grant the reliefs sought in the interest of justice.
Delivering judgment, Justice Gwandu held that the University of Lagos Act requires that any academic staff facing removal must be investigated by a Committee of the Senate, given the opportunity to be heard, and that the council may only act after considering the report of the committee.
Justice Gwandu emphasised that the university authorities cannot act as accuser, investigator and judge simultaneously, and that compulsory retirement must strictly comply with statutory provisions.
The judge therefore ordered University of Lagos to pay Dr Mobolaji all his emoluments accrued from August 2, 2021 till May 17, 2023, which would have been Dr Mobolaji’s statutory retirement age, in addition to the the sum of N5 million as exemplary damages.
