The National Industrial Court sitting in Lagos has nullified the compulsory retirement of a senior lecturer at the University of Lagos (UNILAG), Dr. Mojibayo Mobolaji Fadakinte, and ordered the university to pay him all outstanding emoluments, alongside ₦5 million in damages. The court held that the retirement was carried out without due process and was therefore unlawful and unconstitutional.
Delivering judgment, Hon. Justice Rabiu Gwandu, of the Lagos Judicial Division of the National Industrial Court, declared that UNILAG’s decision, conveyed in a letter dated August 2, 2021, which removed Dr. Fadakinte from service, violated Section 36(1) of the 1999 Constitution and Section 18(1) of the University of Lagos Act. He described the action as null and void.
Justice Gwandu ordered the University of Lagos to pay Dr. Fadakinte all his emoluments from August 2, 2021, when he was compulsorily retired, until May 17, 2023, when he would have attained his statutory retirement age. The court also awarded him ₦5 million as exemplary damages for the unlawful action.
According to facts presented before the court, Dr. Fadakinte said he was compulsorily retired following allegations that he falsified his date of birth. He argued that the decision was unlawful, unconstitutional, and a denial of his right to a fair hearing.
In their defence, the defendants—the University of Lagos, its Governing Council, and the Senate—told the court that the retirement was lawful. They maintained that official records showed Dr. Fadakinte had reached the mandatory retirement age and that the university acted within its statutory powers. They further argued that he was not entitled to any benefits or compensation beyond the provisions governing statutory retirement, and urged the court to dismiss the suit.
However, Dr. Fadakinte’s counsel, Mr. Bamidele Akinyemi, Esq., argued that the compulsory retirement was wrongful, discriminatory, and procedurally flawed, and asked the court to grant all the reliefs sought.
In a well-considered judgment, Justice Gwandu held that under the University of Lagos Act and the Constitution, any academic staff facing removal must first be investigated by a committee of the Senate and given an opportunity to be heard. He said the Governing Council could only act after considering the committee’s report.
The judge emphasised that university authorities cannot act as accuser, investigator, and judge simultaneously, adding that compulsory retirement must strictly comply with statutory provisions.
