The National Industrial Court of Nigeria sitting in Lagos has ordered the reinstatement of Mrs. Ajibola Aishat Oluwafunke, a nurse whose appointment was terminated in November 2020 by the Olabisi Onabanjo University Teaching Hospital. The court further directed the hospital to pay all her outstanding salaries from December 2020 until her reinstatement.
Delivering judgment, Justice Ikechi Gerald Nweneka held that the termination could not stand because it failed to comply with mandatory procedural requirements. As a result, the court ordered that Ajibola be restored to her position without any loss of rank, promotion, or benefits.
Failure to Obtain Board Approval Proves Costly
The suit, marked NICN/LA/02/2021, was instituted against the hospital management and key officials, including the Chief Medical Director, Peter Adefuye, and the Director of Administration, A.A. Awoyomi. Ajibola had approached the court seeking several reliefs, notably a declaration that her dismissal was unlawful, alongside reinstatement, salary arrears, and damages.
However, while reviewing the case, the court acknowledged that certain disciplinary procedures were followed. Nevertheless, it found that the hospital failed to strictly comply with its conditions of service, particularly regarding the role of the Management Board. Justice Nweneka emphasized that such approval was a mandatory requirement.
He stated that; “there is no evidence before the court that the Management Board’s approval was obtained before the claimant’s employment was terminated,”
Notably, both parties agreed that the Board was not in place at the time of the termination on November 25, 2020. Therefore, the court concluded that the process was fundamentally flawed. Reinforcing this point, the judge declared that: “where the rules are agreed, they must be strictly complied with,” and further stressed that “ninety-nine percent compliance equals non-compliance.”
Misconduct Established, Yet Due Process Prevails
Interestingly, the court did not ignore the claimant’s conduct. Evidence before the court showed that Ajibola granted an online interview without prior authorisation, an act that contravened public service rules governing media engagement.
In fact, Justice Nweneka described her conduct as “reckless,” while also noting findings by disciplinary panels that she exhibited “a high degree of insubordination” and refused to apologise. Despite these findings, the court maintained that procedural compliance remains paramount, especially in employments with statutory flavour.
Consequently, the judge ruled that the failure to follow due process rendered the termination invalid. The court therefore set aside the dismissal letter and ordered her reinstatement as Principal Nursing Officer, alongside full payment of salary arrears.
Court Dismisses Claims of Harassment and Damages
However, the court declined to grant several other reliefs sought by the claimant. Specifically, it dismissed allegations of harassment, victimisation, discrimination, and unfair labour practices, citing a lack of supporting evidence.
In addition, claims for N5 million in damages and N1 million as cost of action were rejected. Requests for pension remittance and other benefits were also refused due to insufficient pleadings and proof.
Partial Victory for Claimant
In its final determination, the court held that: “In the final analysis, the claim is partially successful,”
While Ajibola secured reinstatement and salary arrears, the dismissal of her other claims underscores the court’s reliance on evidence and strict legal standards. Ultimately, the judgment reinforces a critical principle in labour law: employers must adhere strictly to established procedures, regardless of the employee’s conduct.