The Presiding Judge, Enugu Judicial Division of the National Industrial Court, Hon. Justice Oluwakayode Arowosegbe has nullified the termination of Mr. Chukwuedo Stanley’s appointment from the service of Alex Ekwueme Federal University, Ndufu for being unlawful.

The Court ordered Alex Ekwueme Federal University, its Vice Chancellor and Registrar to immediately reinstate Mr. Chukwuedo Stanley to his status quo ante the termination with payment of his arrears of salaries from July 2019 till date and the sum of N1,300,255 [One Million, Three Hundred Thousand, Two Hundred and Fifty-five Naira] only, for mental agonies and the loss of career prospects and N200,000 [Two Hundred Thousand Naira] cost of action.

Justice Arowosegbe further granted an order of mandatory injunction compelling the Alex Ekwueme Federal University, its Vice Chancellor and Registrar to issue Chukwuedo Stanley a letter of confirmation of his appointment with effect from January 27, 2016.

From facts, the claimant- Mr. Chukwuedo Stanley deposed that the University gave him a temporary appointment dated December 8, 2015, and was regularised to a tenured appointment in 2016.

He deposed further that, he secured admission for a Master’s Degree and the University registrar gave him the approval to proceed, and by a letter dated April 3, 2019, he sought extension of seven months to finish the programme but the letter was ignored and, his appointment instead terminated June 17, 2019, whereas, the degree was awarded to him, three months after the termination of his appointment.

In defence, the defendants- Alex Ekwueme Federal University, it’s Vice Chancellor and Registrar argued that the reliance placed by Mr. Stanley on the regularisation letter is misplaced because the regularisation only meant that the University confirmed the resumption of the claimant and not that, the appointment has been confirmed.

Counsel to the University argued that Mr. Stanley’s appointment was void ab initio and the Court cannot be used as an engine to legalize fraud and the unfair labour practice visited on the University, as Mr. Stanley could not have concluded his full-time studies with full-time employment at the same time.

He further averred that, since Mr. Stanley’s appointment had not been confirmed, there was no special procedure required to terminate it than to give one-month notice, which was complied with.

In opposition, Mr. Stanley’s counsel, John Nso Esq argued that the circular to finish his Master’s within 3 years did not form part of his client contract he entered at inception and, could not affect him.

Delivering judgment, the presiding Judge, Hon. Justice Oluwakayode Arowosegbe held that the defence arguments that Mr. Stanley’s appointment remains temporary, even after regularisation and therefore, subject to whimsical termination, provided a month’s notice is given or salary in lieu is paid, by virtue of the Staff Manual, is incorrect.

The court held that the three-year Master’s was supposed to mature on January 17, 2020, and, Mr. Stanley’s appointment terminated before then, was therefore, unlawfully terminated as time limitation cannot take effect retroactively.

Justice Arowosegbe ruled that unilateral alteration of an employment contract might be allowed in exceptional circumstances but, to have an effect on the employees, such alteration must be communicated and, can never have effect until so communicated.

The Court stated that the defendants were fully aware of the facts and circumstances of the admission and decided to grant approval to Mr. Stanley to run a full-time Master’s programme, and cannot turn round to complain against the approval they granted, as being irregular that equity would not permit that type of doublespeak, and there is no proof before the Court that the claimant did not perform his duties during the course of his postgraduate studies.