The crisis rocking the Federal University, Oye-Ekiti, Ekiti State, over the dismissal of the institution’s chapter president of the Academic Staff Union of Universities (ASUU), Akinyemi Omonijo, and another union leader, Oluwagbemiga Adeyemi , professor , has not yet subsided.
Six months after an industrial court based in Akure, the capital of Ondo state, granted the terms of an out-of-court settlement freely agreed upon by both the university’s lawyers and those representing Mr. Omonijo, the university still has not has reincorporated the latter.
For Mr. Adeyemi’s part, the November 2019 ruling of the labor court, also in Akure, which annulled his dismissal, was also upheld by an appeal court, also based in Akure, on October 6, 2021.
But instead of relenting, on October 15, 2021, the university filed an appeal with the Supreme Court, challenging the lower courts’ decision to reinstate Mr. Adeyemi.
Omonijo vs. FUOYE
Following his dismissal in 2019, Mr. Omonijo approached the Akure Labor Court, where he was represented by Nigerian Rights Activist Bar Chambers, Femi Falana, a leading Nigerian lawyer, while the university was represented by the Mr. Ebunolu Adegboruwa, another rights activist and Senior Lawyer of Nigeria.
However, after many months of legal representations in court, in the case with lawsuit number; NICN/AK/21/2019 Between OMONIJO Akinyemi Gabriel -vs- Federal University Oye-Ekiti (FUOYE), both plaintiff and defendant agreed to settle out of court.
On July 29, 2021, Kiyersohot Damulak, from the labor court, sat down via zoom for the adoption of the report on the terms of settlement in the matter.
The sources confirmed that Taiwo Omidoyin of Falana and Falana Chambers appeared for the plaintiff, while the chairman of the university’s reconciliation committee, Olugbenga Amu, a professor, and Tosin Adesioye of Ebun-Olu Adegboruwa and Company Chambers appeared for the accused.
“The lawyers for both parties adopted the terms of the agreement and urged the court to enter it as a judgment of the Court. After the presentation of the lawyers for both parties, His Honor pronounced the terms of the agreement as consent judgment and judgment of the court on July 29, 2021”, a university source who does not want to be named because he does not have authority to speak. about the matter, he told PREMIUM TIMES.
Settlement conditions
According to the court documents containing the terms of the settlement, and which were obtained by this newspaper, the parties agreed that; “That the letters dated February 14 and 15, 2019 regarding the suspension of the plaintiff are withdrawn together with the withdrawal of the claims of the plaintiff in this lawsuit; the plaintiff will be reinstated by the defendant once the court enters these terms as a judgment in this case; that the claimant will be paid his outstanding wages and allowances from February 14, 2019 through June 1, 2021 once the court enters these terms as a judgment of the Court in this lawsuit.
“Pursuant to and in consideration of the foregoing, Plaintiff hereby withdraws and permanently discontinues all of its claims against Defendant as contained in its Complaint Form and Statement of Fact both dated April 29, 2019 or any claim arising out of the circumstances leading to this action; that Plaintiff will also stay this lawsuit and drop all claims against Defendant; that the effective date of this agreement will be the date of entry of these terms as a judgment of the court; that the parties to this lawsuit hereby agree that the terms contained herein shall become the Judgment of this Honorable Court; that each party will bear its own costs in this lawsuit, and that the parties have also agreed that the foregoing Terms of Agreement shall form the Judgment of this Honorable Court.”
However, in November 2021, four months after the terms of the agreement were entered, the university wrote Mr. Omonijo a letter of reinstatement, but with an additional caveat.
reinstatement letter
Signed by the university’s interim registrar, who also acts as secretary to the institution’s governing council, Mufutau Ibrahim, the reinstatement letter read in part; “I am ordered to inform you that the university is in relation to a judicial sentence in your favor regarding the case that it instituted against you, after your dismissal from university services for serious misconduct. Accordingly, the university’s governing council at its sixth extraordinary meeting held on Wednesday, November 3, 2021, ordered that you be reinstated into university services with immediate effect.
“However, taking into account the nature of the offense he committed, which is considered a serious offense under PSR 3 (030411) and could lead to the initiation of a criminal case against him, in which case further disciplinary action would be taken. regardless of the result. of the criminal process, in deference to the court, the Council also ordered the following: he must sign a commitment of good behavior in the future; and be notified of a warning letter to desist from any act of misconduct that may disturb the current peace and tranquility enjoyed at the university.
“Accordingly, you are hereby reinstated with immediate effect and advised to desist from any act that may disturb the peace and stability at the University.”
claimant kicks
Concerned about the condition attached to his reinstatement by the university, Omonijo objected to what he described as contempt of court, saying the university’s demand for a compromise was a ploy to “tighten another noose around his neck.”
In response to the condition, the plaintiff’s attorney on December 14, 2021, through a letter signed by an attorney, Joshua Omidoyin, said that while he thanked the university for the efforts, he should obey the court’s ruling without establishing another new condition.
The attorney’s letter said in part; “Although we appreciate the University’s decision to put an end to the litigation related to the suspension of functions of our Client, we urge the Council to comply with the consent sentence of the National Labor Court on the matter in all material aspects. It is pertinent to point out that the Court did not attach any prior condition for the reinstatement of our Client.
“Thus, the requirement of a letter of good conduct by our Client is not part of the terms of the sentence. In order not to be accused of incurring contempt, we are forced to request the Council to ensure that the reinstatement letter from our Client reflects the terms of the registered sentence of the National Labor Court.”
University defends action
In its response sent to this newspaper by the public relations specialist, Foluso Ogunmodede, the university accused both Messrs. Omonijo and Adeyemi of misinforming the public, threatening to deal adequately with such conduct.
The answer, which is titled; “Reinstatement: FUOYE Tackles Professors Fired for Misleading the Public About a Court Order,” the university accused the duo of being recalcitrant in their conduct.
The university said that while Mr. Omonijo did not comply with the terms of the agreement provided by his governing council as a precondition for his full reinstatement, the court’s ruling in favor of Mr. Adeyemi was already being challenged in the Supreme Court and that the plaintiff was aware of that.
The university statement said in part; “It should be recalled that this was part of the infractions against the University and the local branch of the Academic Staff Union of Universities (ASUU) committed by Omonijo and his fellow travelers in 2018 that led to the disintegration of the Union into FUOYE and other developments. unpleasantness that culminated in the indefinite suspension of the duo by the Directorate to allow peace to reign, and their eventual dismissal and termination of the position respectively.
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“Therefore, we advise Omonijo and his fellow travelers to stop using the media to misinform and mislead the public, as they are the ones who are trying to be half-astute by evading proper reconciliation agreement terms such as explained in the University Regulations. ”
He further added that it is only fitting that the university council “ask Omonijo to assure the system that it will, from now on, fully adhere to the University Rules and Regulations prior to its reinstatement, with a view to preventing a repeat of the unfortunate incidents. orchestrated by Omonijo and his fellow travelers starting in 2018, giving the previous administration unnecessary headaches and hiccups.”
“What is expected of Omonijo according to the University Rules of Engagement, the FUOYE Governing Council ordered Omonijo to attach his signature to the terms of reference, which would ensure that he behaves well and respects the law before be fully reinstated. ”, the statement added.
The university insisted that it is not asking for too much by asking the professor to sign a pledge that he will not disturb the peace on campus.
background
In 2018, ASUU, under the leadership of Mr. Omonijo, wrote to President Muhammadu Buhari through Education Minister Adamu Adamu about certain allegations against the university’s management.
In the 16-page report titled; “The State of the Federal University, Oye-Ekiti: Issues Raised,” the union under the leadership of Mr. Omonijo wrote about the sorry state of activities at the institution; an event that led Mr. Adamu to order the university’s governing council to investigate and report on the allegations contained in the document.
In the report, ASUU-FOUNTAIN he lamented the inadequacy of lecture halls for students and offices for academic staff, the lack of standard laboratories, the poor road network within the campus, the compromised admissions process, and the arbitrary appointment and promotion of staff.
Following the development, Mr. Omonijo, a professor in the department of water resource management and agrometeorology, was suspended and later fired by the university, and was asked “to stay away from university premises except as instructed.” the contrary in writing.
Meanwhile, at the time of filing this report, the university had not yet responded to the letter from Mr. Omonijo’s attorney, requesting that the condition attached to the reinstatement offer be revoked.