The National Industrial Court sitting in Ibadan has ordered a lecturer of Ladoke Akintola University of Technology (LAUTECH), Dr. Adewale Taiwo Olasumboye, and his surety to refund a total of ₦34.1 million to the university for breaching a scholarship bond agreement.
The court held that the lecturer failed to return to his duty post after completing his doctoral programme abroad, in violation of the terms of the sponsorship and the guidelines of the Tertiary Education Trust Fund (TETFund).
Delivering the judgment, Hon. Justice Yakubu Hassan ruled that Dr. Olasumboye’s refusal to resume work after his studies amounted to a fundamental breach of contract. He ordered that the funds, covering tuition fees, living expenses, and salaries paid during the study leave, be repaid within 30 days, adding that failure to comply would attract an interest rate of 10 per cent per annum.
Justice Hassan directed Dr. Olasumboye and his surety to jointly and severally refund ₦26,005,786 spent on tuition fees and living expenses during the PhD programme, as well as an additional ₦8,169,250 received as salaries while on study leave. The judge said the bond agreement executed by the lecturer was clear, binding, and enforceable.
According to evidence presented before the court, LAUTECH said Dr. Olasumboye was sponsored under the TETFundAcademic Staff Training and Development intervention to pursue a PhD abroad. As part of the conditions, he executed a bond agreement committing to return to the university and serve for a minimum of three years after completing the programme.
The university alleged that although Dr. Olasumboye completed his PhD, he falsely informed the institution that he still had additional academic sessions to run. LAUTECH further stated that the lecturer refused to return to work or submit his PhD certificate after completing the programme.
In his defence, Dr. Olasumboye argued that the university breached TETFund guidelines by paying the scholarship funds into his salary account instead of a domiciliary account. He claimed that foreign exchange fluctuations forced him to take a loan while abroad, compelling him to remain overseas to repay the debt.
Counsel to the lecturer also argued that LAUTECH failed to strictly comply with the scholarship guidelines and, therefore, could not enforce the bond agreement.
However, counsel to the university, Mr. K. A. Lawal, opposed the claims, insisting that the bond agreement was mandatory, clear, and binding on all parties. He argued that parties were bound by the terms of agreements they freely entered into.
In his ruling, Justice Hassan held that the bond agreement unequivocally required Dr. Olasumboye to return to the university after completing his studies. He noted that the lecturer admitted receiving the funds and failed to provide evidence of any formal protest against the method of disbursement.
The court further ruled that TETFund guidelines prohibit requests for variations in sponsorship costs after approval. Justice Hassan added that having benefited from the scholarship, Dr. Olasumboye could not evade his contractual obligations.
However, the court declined LAUTECH’s claim for ₦50 million in general damages, describing it as unproven and unsupported by sufficient evidence.
