The National Industrial Court of Nigeria (NICN), sitting in Lagos, has ordered the immediate reinstatement of a registered nurse, Thomas Olamide, whose employment was terminated in 2023 by the Ogun State College of Health Technology. The dismissal was linked to her whistleblowing activities within the institution.
In its judgment delivered last Wednesday in Suit No. NICN/LA/125/2023, Justice S. A. Yelwa declared Olamide’s termination “unlawful, unjust and unfair.” The court directed both the College and the Attorney General of Ogun State to reinstate her without delay.
The court further ordered the defendants to pay all outstanding salaries, allowances, and entitlements due to Olamide from the date of her suspension until her reinstatement. In addition, the court awarded her ₦5 million as general damages.
Olamide, represented by her counsel, Timothy Adewale, had challenged her dismissal on the grounds that she was being victimised for exposing misconduct within the College. She maintained that her actions were in the public interest and fell within the ambit of protected disclosures.
Evidence before the court showed that during her employment, Olamide reported the theft of medical supplies and a power generator from the institution’s clinic. She also exposed an attempt to cover up the rape of a nursing student by a senior official, a matter that ultimately led to the prosecution of the said official.
Justice Yelwa held that Olamide’s disclosures constituted legitimate whistleblowing activities protected under Nigerian labour law and international conventions. The court found that punishing her for such actions amounted to a violation of her rights as an employee and as a citizen.
In a strongly worded pronouncement, Justice Yelwa stressed that the NICN, as a court of law and equity, “would not fold its hands or close its eyes” to acts of victimisation, harassment, or intimidation of whistleblowers. The judgment underscored the judiciary’s role in safeguarding those who expose wrongdoing.
Reacting to the decision, Adewale described the ruling as a landmark in Nigerian labour jurisprudence. He noted that it aligns with international best practices and conventions ratified by Nigeria, particularly the International Labour Organisation (ILO) Convention No. 158 on termination of employment, which mandates fairness from employers.
Adewale further remarked that the judgment is a watershed moment for whistleblower protection in Nigeria, where workers have historically been vulnerable to arbitrary dismissal. He emphasised that the law must evolve with society, stating: “Our law must move forward and meet the yearnings of the 21st century. Nigeria cannot be left behind.”
