The National Industrial Court of Nigeria (NICN), on 23rd March, 2023, held that the University of Abuja has no right to withhold the payment of salaries of the staff of the Junior Secondary School of the University.

The Court gave this decision after the law firm of Mike Ozekhome’s Chambers, in 2022, filed a complaint before the National Industrial Court of Nigeria (NICN) on behalf of the Claimant who sued for himself and on behalf of 19 other staff.

According to the originating process filed and submissions made by Amauche Onyedum, Esq, of Mike Ozekhome’s Chambers, Counsel to the Claimants, the Claimants who were employed by the 1st Defendant, University of Abuja, as Senior Staff and assigned to teach in the Junior Secondary School, were deprived of their salaries since 2017.

The Counsel to the 1st Defendant, University of Abuja, argued that the non-payment became necessary because the Junior Secondary School of the 1st Defendant, University of Abuja was not generating funds to pay salaries and it had to disengage the staff by issuing a three months notice.

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Onyedum argued that the employment letters of the Claimants, stated clearly that the respective appointment of the Staff were full-time tenure appointment, and subject to the provisions of the University law, statutes and ordinances made there under and to the conditions governing the appointment of Senior Staff. She emphasized that the University of Abuja, Regulations Governing Conditions of Service for Senior Staff, 2021, made provisions for the condition precedent for termination of appointments and the 1st Defendant did not comply with any of those conditions.

She also submitted that the Junior Secondary School, is fully funded by the Federal Government, not from funds generated from the school, as argued by the 1st Defendant, UNIABUJA. In her reasoning for this submission, she stated that the intent of the Compulsory, Free Universal Basic Education Bill, 2004, is to provide for compulsory, free universal basic education for all children of primary and junior secondary school age in the Federal Republic of Nigeria.

Delivering her judgment, the erudite jurist, Hon. Justice Agbakoba upheld the arguments presented and reliefs sought by the Claimants. The Court held that the Claimants were duly employed as full time Senior Staff of the 1st Defendant and the 1st Defendant is bound to pay the Claimants’ salaries and retain their services as Senior Staff of the University. It then ordered the 1st Defendant, UNIABUJA to pay to the Claimants, according to their pay slip as at 2016, all their salaries and all other emoluments and allowances from January 2017 and subsequently forthwith absorb the Claimants into the mainstream system of the University to continue their services and assign works to them.

The cost of N500,000 was also awarded in favor of the Claimants.