The Chairman of the Academic Staff Union of Universities (ASUU), Federal University, Oye-Ekiti (FUOYE), Ekiti State, Dr. Akinyemi Omonijo, has dragged the management of the university before the National Industrial Court in Akure, Ondo State over over what he called illegal suspension slammed on him by the university authority.
In the suit with registration number NICN/AK/21/2019, filed by the plaintiff’s lawyer, Barrister Funmi Falana of Falana & Falana’s Chambers in Lagos, he averred that his indefinite suspension without pay by the university, was illegal, unconstitutional and a violation of the provisions of the Trade Union Act.
He argued that his suspension did not follow due process as stipulated in the university’s conditions of service, which was an embodiment of the Acts that established the institution.
In the writ of summon deposed to, the plaintiff sought the declaration of the court that his suspension without pay by the university authorities in letters dated February 14 and 15, 2019, was null and void.
He urged the court to order/direct the university authorities to reinstate him to his status as Senior Lecturer and pay his “salaries, allowances and entitlements from February 2019 till the judgement is given.”
He also sought an order restraining the university from further interfering with his rights, privileges, and performance of his duties as the Chairman of the ASUU.
In the reply of the Claimant to the Defendant’s statement of defence filed on 20th November, 2019, the Claimant averred that a decision was taken at the Congress of ASUU FUOYE held on 11th May, 2018 that the ASUU Committee on Staff and Students’ Welfare write a report on the “State of FUOYE: Matters Arising”, to the Governing Council and copy the President of ASUU, as well as the Zonal Coordinator, ASUU, Akure Zone.
The Claimant went further that the Congress of ASUU FUOYE held on 17th July, 2018 resolved through majority vote that the leadership of ASUU FUOYE should request for permission from ASUU national body to address press conference in conjunction with the zone on the “State of FUOYE”.
In the reply of Claimant to the Defendant’s Statement of defence, the Claimant averred that Dr. Akinsorotan Ademola, the then Acting Secretary of ASUU FUOYE, who had been suspended was at the time queried on account of violent behaviour and refusal to pay certain money he borrowed from the Union since 2017, so he could decide not to be objective in his testimony before the panel.
He said that the report on “State of FUOYE: Matters Arising” was presented to the leadership of ASUU FUOYE for adoption at the Ikole campus of the University on 28th May, 2018, saying “both the Committee that prepared the report on “State of FUOYE” and leadership of ASUU FUOYE adopted the report and acted as directed by the Congress of ASUU FUOYE held on 11th May, 2018.
At the beginning of the hearing of the case yesterday, Funmi Falana from the Falana and Falana’s Chambers stood for the Claimant, while Ebun-Olu Adegboruwa, SAN represented the FUOYE.
Omonijo, is a Senior Lecturer in the Department of Water Resources and Agrometeorology.
As part of his arginent before the court, the ASUU leader said the investigative panel that recommended his suspension to the university was biased based on its prejudiced composition, describing members as hostile individuals who have axe to grind with him.
Omonijo said that his suspension without pay by the university was “wrong and unjust’’, claiming that he was only invited in respect of the allegations made in the petition by ASUU to the Minister of Education.
