The National Industrial Court in Akure has ordered the Federal University, Oye Ekiti (FUOYE), to pay N40 million to Professor Niyi Akingbe, the former Acting Dean of the Faculty of Arts, for wrongful dismissal.
The court found that Akingbe’s termination in 2018 was not only unjust but also based on unfounded allegations of plagiarism.
Professor Akingbe, who had been a vocal critic of the university’s administrative practices under former Vice Chancellor Kayode Soremekun, was dismissed following a query related to plagiarism.
The court proceedings, documented under Suit No: NICN/AK/58/2018, revealed that the university failed to adhere to proper procedures outlined in the Federal University of Oye-Ekiti Act of 2015 and the relevant regulations governing senior staff service conditions.
Counsel for Akingbe, Ademola Olowoyeye, argued that the allegations of plagiarism were vague and lacked substantial evidence.
The court also addressed several other declarations, including the illegality of the letters accusing Akingbe of misconduct and the unlawful nature of the Staff Disciplinary Committee that investigated the plagiarism claims.
The Counsel emphasizes that Akingbe had met all requirements for promotion to the position of Professor in the Department of English, and the denial of this promotion based on unsubstantiated allegations was deemed unlawful.
The judge, Honourable Justice K.D. Damulak, ordered FUOYE to pay Akingbe within 30 days of this judgment; otherwise, the sum shall attract a 10% interest per annum.
In the ruling, the judge said, “The claimant’s case succeeds in part. For the avoidance of doubt, it is hereby declared and ordered as follows; A declaration that an allegation of plagiarism against the claimant cannot be made against the claimant in the absence of the work/publication of a particular author or authors the claimant purportedly plagiarized, specifying what part of the work copied, printed, or passed off as the original works of the claim without the claimant having acknowledged such works.”
The judge lamented the lack of fair hearing on behalf of the lecturer.
The ruling said, “Similarly, the failure of the defendant to produce the alleged report of external assessors in evidence, in spite of the fact that the claimant is saying there was no such external assessors report, is proof of its non-existence at best, a presumption that if it was produced in evidence, it would he dismissal on the allegation of Plagiarism is without substance, without a fair hearing, unlawful and accordingly, same is hereby set aside.
“He was dismissed on 31/10/2018 based on a report from the disciplinary committee which was only signed on 7/11/2018.
“I have taken a look at the dismissal letter, (defendant’s exhibit LE 10.) and the report of the staff disciplinary committee (claimant’s exhibit 20), the defendant relied on the report of the staff disciplinary committee on TETFUND in dismissing the claimant.
“It is true that the dismissal was on 31/10/2024 while the report of the staff disciplinary committee TETFUND intervention grant was signed by the members of the committee on 7/11/2024. This means that as of 31/10/2024, there was no formal signed and issued report of the disciplinary committee for the defendant,” the court said.
“A declaration that the claimant’s dismissal vide letter dated 31 October 2018, without fair hearing, is null and void.
“The defendant is hereby ordered to pay to the claimant general damages assessed at N40,000,000.00 (Forty Million Naira) within 30 days of this judgment or the sum shall attract 10% inter per annum.”