In a landmark judgment delivered by the National Industrial Court in Kaduna on October 15, 2024, the demotion of Dr. Mary Chinelo Ubabudu by the Air Force Institute of Technology (AFIT) from the rank of Associate Professor to Senior Lecturer was declared unlawful, null, and void.

The presiding judge, Hon. Justice Bashar A. Alkali, awarded the claimant ₦2,000,000 in general damages for the psychological trauma, embarrassment, stigmatization, and loss of respect caused by the defendant’s actions.

The case arose from Dr. Ubabudu’s promotion to the rank of Professor by the Governing Council of AFIT, effective from October 8, 2022, subject to satisfactory external assessment. However, instead of adhering to due process, AFIT’s Provost and Registrar, Commander MS Lawal, allegedly conspired to downgrade her external assessment from the rank of Professor to Associate Professor. MS Lawal, further demoted Dr. Ubabudu to a Senior Lecturer for complaining about the inappropriate assessment, a decision which the claimant vehemently opposed in court, asserting that it violated the institution’s regulations.

In his judgement, Justice Alkali criticized the actions of AFIT, which he said contravened the AFIT Establishment Act of 2017. He stated that the Governing Council’s decision to promote Dr. Ubabudu to Professor was final and could not be unilaterally altered by any administrative body. According to Hon. Justice Alkali:
_”From the avalanche of evidence before this Court,” the judge remarked, “the Defendant did not prove even with a pinch of evidence that the Governing Council of the Defendant or the Defendant itself rescinded the promotion of the Claimant to the rank of Professor on the ground that the Claimant’s rank of Reader had not been confirmed. Therefore, the decision of the Governing Council of the Defendant, which approved the promotion of the Claimant to the rank of Professor with effect from the 8th of October 2022, subject to satisfactory external assessment, is final. The external assessment of the Claimant for the rank of Associate Professor is null, void, and of no effect, having been done in contravention of the final decision of the Governing Council of the Defendant in its meeting held on the 8th of October 2022, which approved the promotion of the Claimant to the rank of Professor with effect from the 8th of October 2022, subject to satisfactory external assessment. I so hold.”_
Justice Alkali’s declaration highlighted the court’s stance that the institution had acted outside its lawful authority, resulting in an unfair demotion. The judgment further noted several irregularities in the external assessment process conducted by AFIT. It was revealed that the defendant had appointed only two external assessors for the promotion assessment, in violation of AFIT’s guidelines, which require three. Furthermore, these assessors were given only two weeks to complete the assessment, instead of the mandated three-month period, calling into question the fairness of the evaluation process.

The court went on to declare the demotion of Dr. Ubabudu unlawful and ordered AFIT to reinstate her to her rightful rank of Associate Professor, while also mandating that proper procedures for her assessment for the rank of Professor be followed in accordance with institutional guidelines.

In addition to setting aside the demotion, the court restrained AFIT from taking any further actions to reduce the claimant’s salary or publish any information related to the demotion. The ₦2,000,000 awarded as general damages was meant to compensate Dr. Ubabudu for the psychological and reputational damage caused by the institution’s actions.

The ruling stands as a significant moment for academic staff in Nigeria, emphasizing the importance of adherence to due process in academic promotions. The defendant has 30 days to comply with the judgment or file an appeal if dissatisfied with the ruling.

Both legal teams were commended by the court for their conduct, and counsel for the claimant, Levi I. Shaapera, Esq., expressed gratitude for what he described as a well-considered judgment.