The National Industrial Court sitting in Lagos, presided over by Justice Ikechi Nweneka, has ruled that the termination of the employment of Mrs. Ajibola Aishat by the Management Board of the Olabisi Onabanjo University Teaching Hospital and six others was wrongful.
The court set aside the termination letter issued in November 2020 and ordered the hospital to reinstate Mrs. Ajibola to her position without any loss of rank or promotion. It also directed the payment of all outstanding salaries from December 2020 until the date of her reinstatement.
Mrs. Ajibola, a Principal Nursing Officer, had challenged her dismissal, arguing that she was penalised for participating in an online interview where she spoke about nursing welfare issues and staff-related concerns. She maintained that her comments did not amount to misconduct and that due process was not followed in terminating her appointment.
She further told the court that although she was queried and appeared before disciplinary panels, her dismissal was not approved by the hospital’s Management Board as required by law. She also alleged denial of access to the hospital premises after her termination and claimed she was not paid salary in lieu of notice, describing the actions as unfair, discriminatory, and victimising.
The defendants argued that she committed misconduct by granting an unauthorised interview contrary to public service regulations. They insisted she was given fair hearing, that disciplinary procedures were followed, and urged the court to dismiss the suit.
However, Justice Nweneka held that while the claimant was afforded fair hearing, the crucial requirement of obtaining the approval of the Management Board—or the supervising authority—was not met. The court noted that the Board was not in existence at the time her termination was carried out in November 2020, making the process unlawful.
The court found that the absence of proper approval rendered the termination invalid, but also held that allegations of harassment, victimisation, and discrimination were not proven.
Consequently, while several monetary claims were dismissed for lack of proof, the court ordered reinstatement and payment of salary arrears as the proper remedy for wrongful termination of a statutory employment.
