By Gabriel Enogholase
BENIN— NATIONAL Industrial Court, NIC, sitting in Akure, Ondo State, has declared as null and void the letter of compulsory retirement dated June 23, 2016 but with effect from June 8, 2016 issued to Mr Vincent Omosigho by the authorities of the University of Benin, UNIBEN.
The court also set aside the letter.
The court held that the defendants, 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 prayed it to declare his compulsory retirement null and void as the defendants failed or neglected the procedure envisaged in the University of Benin Transitional Provisional Act, UB4 especially S .17 in the Revised Edition of Law of the Federation Act 2004 dated December 31, 2010 among other demands.
Justice O. Oyewumi in the judgement obtained by Vanguard, declared that the compulsory retirement of the claimant, Vincent Omosigho, by the University of Benin was unlawful.
The court also ordered that Mr. Omosigho be reinstated to his position as a Senior Officer by the University of Benin.
It further directed that the claimant was entitled to his salary and emolument from June 8, 2016 when he was compulsorily retired till the date of his reinstatement.
The court ordered the defendants to comply with this judgement within 30 days, failing which the claimant’s entitlement is to attract 10 percent interest per annum.