Hon. Justice Ikechi Nweneka of the Lagos Judicial Division of the National Industrial Court has declared the termination of Mrs. Ajibola Aishat’s employment by the Management Board of Olabisi Onabanjo University Teaching Hospital and six others as wrongful.
The Court set aside the termination letter issued in November 2020, ordered her reinstatement without loss of rank or promotion, and directed the Hospital to pay all outstanding salaries from December 2020 until reinstatement.
Mrs. Ajibola, a Principal Nursing Officer, was queried and subjected to disciplinary proceedings after participating in an online interview in her personal capacity. She argued that her dismissal was unlawful because it lacked the approval of the Hospital’s Management Board, which was not in place at the time of her termination.
Her counsel, Adekunle Manuwa Esq., contended that the termination violated the employee handbook and statutory conditions of service, urging the Court to declare it null and void.
The defendants maintained that Mrs. Ajibola engaged in misconduct by granting an unauthorised interview contrary to Public Service Rules. They argued she was afforded fair hearing and due process before dismissal.
Justice Nweneka held that Mrs. Ajibola’s employment was statutorily regulated, with disciplinary powers vested in the Management Board. Since no Board was in place when her employment was terminated on 25 November 2020, the dismissal lacked lawful authority.
The Court rejected her claims of harassment, victimisation, and discrimination, finding them unproven. However, it declared the termination wrongful due to non‑compliance with statutory procedure.
The court declared her termination wrongful, ordered reinstatement without loss of rank or promotion, payment of arrears of salary from December 2020 until reinstatement, and while claims for damages, costs, pension remittances, and other monetary reliefs dismissed for lack of proof.
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