The Lagos Division of the National Industrial Court has ordered the reinstatement of Mrs. Ajibola Aishat Olufunke, a Principal Nursing Officer at Olabisi Onabanjo University Teaching Hospital, ruling that her dismissal in November 2020 was wrongful.
Delivering judgment in Lagos, Justice Ikechi Gerald Nwenekaheld that the hospital’s Management Board and six others failed to follow due process in terminating her appointment, particularly as the required Board approval was not in place at the time.
The court found that Mrs. Ajibola was unfairly dismissed after participating in an online interview in her personal capacity, during which she spoke on nursing issues and activism. Although she was queried and appeared before disciplinary panels, the judge noted that the decision to terminate her employment on November 25, 2020, was taken before the Management Board was inaugurated on December 7, 2020.
Justice Nweneka ruled that this procedural lapse rendered the dismissal invalid and ordered her reinstatement, alongside the payment of all salaries and benefits from December 2020 until her return to duty.
In her testimony, Mrs. Ajibola stated that she received a query following the interview and was subsequently subjected to disciplinary proceedings. She argued that her dismissal was unlawful, alleging that proper approval procedures were not followed, that she was locked out of the hospital premises, and that she was not paid her one-month salary in lieu of notice. She also accused the hospital of victimisation, discrimination, and unfair labour practices.
In response, the hospital’s Management Board and other defendants maintained that she committed misconduct by granting an unauthorised interview in breach of Public Service Rules. They argued that she was afforded a fair hearing, appeared before disciplinary committees, and that due process was observed. They urged the court to dismiss the case.
However, Mrs. Ajibola’s counsel, Mr. M. O. Gbadamosi, contended that the termination was unlawful, as only the Management Board had the authority to dismiss her, and the Board was not in existence at the time the decision was made.
In his ruling, Justice Nweneka affirmed that the employment was statutorily protected and that disciplinary authority rested exclusively with the Management Board. He stated that “there is no evidence that Board approval was obtained” prior to the dismissal.
While acknowledging that disciplinary procedures were followed and that Mrs. Ajibola was given a fair hearing, the judge held that the absence of proper authorisation rendered the termination null and void.
The court, however, dismissed her allegations of harassment, discrimination, and victimisation due to lack of evidence. It also rejected her claims for damages, pension remittances, and other monetary reliefs on similar grounds.
Justice Nweneka concluded that reinstatement, alongside full payment of outstanding salaries, was the appropriate remedy, describing the case as a wrongful termination within a statutorily regulated employment framework.
