The National Industrial Court, on Tuesday ordered the Ambrose Alli University, Ekpoma to reinstate a sacked staff member, Asigene Peter. The judge, Justice Adunola Adewemimo who delivered the judgment via virtual proceedings also ordered the institute to reinstate Peter to his former position with payment of all entitlements and emoluments from April 2020 till date.
Mrs Adewemimo also held that there was no provision supporting the institute’s assertions, specifically on the point that the University Governing Council could review its decision to impose another sanction after the conclusion of a disciplinary process for the same offence.
The court further held that the Commissioner of Education lacked the capacity and powers to unilaterally alter or change the decision of the council in a matter which led to the demotion of the claimant.
The judge concluded that the decision of the University Governing Council being the final organ as far as the employment and discipline of staff was concerned, cannot be overruled by the Commissioner, especially having earlier considered the report of the Senior Staff Disciplinary Committee against the claimant and had settled on demotion as the punishment. Joined in the suit as co- defendants were the Governing Council, the Vice Chancellor, the Registrar, Deputy Registrar of the University and the Commissioner of Education.