From Sola Ojo, Kaduna
The counsel to the Deputy Registrar (Academic Affairs), Kaduna State University (KASU), Dr Obadiah Joshua, Barr Yakubu Ibrahim Umaru, of James Kanyip and Co Chambers, has threatened contempt proceedings against Kaduna State University (KASU), Chairman of the university Governing Council and the Vice Chancellor of the university over their refusal to reinstate his clients months after courts judgments to that effect.
The lawyer had in a letter to the VC, KASU, dated June 21, 2022, demanded immediate and full compliance with the judgment/order in suit no. NICN/KD/10/2017 and appeal No. CA/K/08/2021 between Obadiah Joshua vs KASU and two others.
According to the lawyer, Dr Obadiah had on February 27, 2017, instituted an action against KASU, the governing council and the VC of the university at the National Industrial Court of Nigeria (NICN), Kaduna Judicial division, challenging the unlawful termination of his appointment.
In that legal action, Obadiah sought a declaration that the purported termination of his appointment by the university is wrongful and unlawful and that he is entitled to his salaries, allowances and other emoluments due to him by his rank as Deputy Registrar.
He also sought an order reinstating him to his rank as Deputy Registrar with the University without loss of seniority or rank.
The industrial court in its wisdom declared that the purported termination of Obadiah’s appointment by the university was done in “breach of the procedure laid down under the university Law No 3 of 2004 and the University staff condition of Service.”
A copy of the Appeal court judgment obtained by this correspondent revealed that on May 20, 2020, Justice Sinmisola O Adeniyi of the NIC, Kaduna Judicial Division, the court entered judgment in favour of Obadiah.
The university had appealed the industrial court judgment at the Court of Appeal, Kaduna Judicial Division which was heard and judgment delivered on April 29, 2022, wherein the appeal was dismissed with N100, 000 cost for lacking in merit.
The appeal court is the final court in respect of industrial matters such as this with no further right of appeal to any other court in Nigeria in this matter and has upheld the decision of the industrial court whose judgement the university and all concerned parties have refused to implement.
“Take note that in the event of your refusal to comply fully with the above demands, we shall be left with no other choice than to commence contempt proceedings against the university and all concerned parties,” Umaru’s letter read in part.