The National Industrial Court of Nigeria sitting in Lagos has ordered the reinstatement of a nurse, Mrs. Ajibola Aishat Oluwafunke, whose appointment at the Olabisi Onabanjo University Teaching Hospital (OOUTH) was terminated in 2020.
Delivering judgment in Suit No. NICN/LA/02/2021 on March 16, 2026, Justice Ikechi Gerald Nweneka held that the termination of the claimant’s employment was wrongful and failed to comply fully with the applicable legal provisions.
The claimant had instituted the suit in January 2021, challenging the termination of her appointment by the hospital’s management. She contended that her employment, which commenced in 2006, was governed by statute and could not be lawfully terminated without strict adherence to due process.
Mrs. Oluwafunke, a registered nurse and midwife, had served the hospital for over 14 years before her appointment was terminated on November 25, 2020. The termination was reportedly based on allegations that she granted an online interview without approval and made comments deemed critical of her employer, contrary to public service regulations.
However, the claimant argued that the termination was unlawful, particularly as there was no duly constituted management board in place at the time to authorise such action. She further maintained that the defendants failed to pay her one-month salary in lieu of notice, as stated in the termination letter, rendering the process defective.
In its judgment, the court agreed in part with the claimant’s submissions, as advanced by her counsel, Moshood Gbadamosi, holding that partial compliance with the law was insufficient.
The court consequently declared the termination wrongful and set aside the letter of termination dated November 25, 2020.
Justice Nweneka further ordered the hospital to reinstate the claimant to her position without loss of rank or promotion and directed the payment of her salaries from December 2020 up to the date of her reinstatement.
While some of the reliefs sought by the claimant were dismissed, the court granted key reliefs, emphasising the necessity for strict compliance with statutory provisions in employment matters involving public institutions.
