Hon. Justice (Prof.) Elizabeth A. Oji of the National Industrial Court, Lagos Judicial Division, has declared the refusal of the University of Lagos (UNILAG) to assess, compute, and pay the terminal benefits of the late Prof. Luke Uche as arbitrary, unlawful, and high‑handed.
Delivering judgment, Justice Oji ordered UNILAG to immediately assess, compute, and furnish Mrs. Joyce Uche, widow and next‑of‑kin of the deceased, with full details of pensions, gratuities, emoluments, and disengagement entitlements due to her late husband, and to pay same within 60 days. The Court further awarded ₦2 million in costs against the University.
The claimant, Mrs. Joyce Uche had submitted that her late husband, Prof. Luke Uche joined UNILAG in 1982, was confirmed in 1986, and promoted to Professor in 1996. Mrs. Joyce stated that her husband was suspended in 2001 and challenged the suspension in court up to the Supreme Court before his death on 6 October 2015.
Mrs. Joyce Uche further told the court that as the lawful administrator of his estate, repeatedly requested computation and payment of entitlements, but UNILAG refused, alleging—without proof—that the deceased owed over ₦25 million.
In defence, the defendant, the University of Lagos admitted Prof. Uche was a staff member but argued he was suspended and recommended for dismissal. It claimed he owed salaries paid in error, rent arrears, electricity bills, and damages to official quarters, insisting the estate must settle the alleged debt before benefits could be processed.
Claimant’s Counsel, C.O.P. Emeka, SAN argued that Prof. Uche was never dismissed and remained a suspended staff until death, entitling him to full salary and benefits. Counsel maintained that clearance was properly initiated and that the University bore responsibility for completing internal processes. He described the alleged debt as an afterthought, unsupported by documentary evidence.
Justice Oji, after evaluating the evidence, held that Prof. Uche died as a suspended staff member and was never dismissed. Suspension did not terminate his employment or affect entitlement to emoluments.
The judge held that UNILAG failed to prove the alleged ₦25 million indebtedness, as no departmental reports, calculations, or documentary evidence were produced.
Justice Oji held that the refusal to compute and pay entitlements was arbitrary, unjustified, and unlawful.
This judgment reinforces the principle that suspension does not extinguish employment rights or entitlements, and institutions must strictly comply with statutory and contractual obligations in handling terminal benefits. It also underscores the evidentiary burden on employers alleging indebtedness against employees or their estates.
