BY GABRIEL ENOGHOLASE
BENIN – NATIONAL Industrial Court of Nigeria, Akure Division, has declared as null and void the letter of compulsory retirement dated 23, June 2016 but with effect from 8, June 2016 issued to Mr Vincent Omosigho by the authorities of the University of Benin even as it also set it aside.
The court held that the defendants ,that is, University of Benin, Chairman, Governing Council, University of Benin, Vice – Chancellor (UNIBEN), and Registrar (UNIBEN), were not required to first try the claimant in court before exercising their disciplinary powers.
The claimant had gone to court praying it to declare his compulsory retirement null and void as the defendants failed or neglected the procedure envisage in the University of Benin Transitional Provisional Act, UB4 especially S .17 in the Revised Edition of Law of the Federation Act 2004 dated 31, December 2010 among other demands.
The court in its judgment read by Justice O.O. Oyewumi on 21st, November 2018, therefore, declared that the compulsory retirement of the claimant, Vincent Omosigho by the 1st defendant, the University of Benin was unlawful.
The court also ordered that Mr. Omosigho should be reinstated to his position as a Senior Officer by the University of Benin.
It further directed that the claimant is entitled to his salary and emolument from 8th, June 2018 when he was compulsorily retired unlawfully till the date of his reinstatement.
The court ordered the defendants to comply with this judgment within 30 days, failing which the claimant’s entitlement is to attract 10 percent interest per annum.
No cost was however ordered by the court.