The expectation that a lecturer of the Federal University, Oye Ekiti (FUOYE), Dr Adeyemi Ezekiel Oluwagbemiga will be recalled has been dimmed, as the management of the university has challenged the judgement ordering his reinstatement at the Appellate Court.
The National Industrial Court (NID) sitting in Akure, Ondo State capital, had on November 12, 2019, faulted Adeyemi’s sack as FUOYE’s employee and mandated the governing council to reverse the action with immediate effect.
The NID presiding judge, Justice O.O Oyewumialso directed the management of the institution to pay all his entitlements up to date from the day he was sacked.
Adeyemi, who was a claimant at the Lower Court was sacked in 2017 in the university, which prompted him to approach the NID through his Lawyer, Femi Falana SAN, to seek redress and he got favourable judgement.
A notice of Appeal filed by the appellant(FUOYE) at the Court of Appeal, Akure Division, but was made available to newsmen in Ado Ekiti on Wednesday, faulted the judgement of the lower court and prayed the appellate court for a reversal.
The appeal was filed by M.T.Abari, D.I. Adesina, M.M.Sanni and Clement Auche, on behalf of the appellant(FUOYE).
The reliefs sought from the court of Appeal include an order allowing the appellant to appeal the judgement and an order setting aside the lower court’s decision upholding the claimant’s complaints.
The appellant also sought an order dismissing the claimant’s relief that he should be recalled back to work by the university as granted by the lower court.
The notice stated that; “the lower court erred in law by holding that the dismissal of the respondent from the employment of the Appellant did not follow the laid down procedures as stated in the extant law and staff regulations without taking into consideration the delegated powers of the Appellant Governing Council”.
On the fear by Academic Staff Union of Universities (ASUU) that non-implementation of the NID’s judgement showed that the sacked lecturer was being victimised, his Lawyer , Barr. Ahmed Gbadamasi of the Falana & Falana Chambers in Lagos, said the university had taken the right decision by appealing the judgement.
“FUOYE has not breached any law by not implementing the judgement before going on appeal. The only way such insinuation could emerge is if the university is delaying the appeal , because justice delayed is justice denied.
“So, the appeal must be given expeditious trial, so that the respondent won’t be denied justice, ” he said.
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