Hon. Justice Osatohanmwen Obaseki-Osaghae of the Abuja Judicial Division of the National Industrial Court has declared the termination of the appointment of Prof. Ngozi as Vice Chancellor of Citiedge University as wrongful and unfair.
The Court ordered Citiedge University to pay Prof. Ngozi the sum of N17m (Seventeen Million Naira) arrears of salaries from 1st August 2021 to 19th December 2022, and ordered Chief Onwuka to pay her the sum of N24m (Twenty-Four Million Naira) being monies advanced to him.
The Court also awarded the sum of N750k (Seven Hundred and Fifty Thousand Naira) as cost of action against the University and others; and directed that all sums be paid within thirty (30) days.
From facts, the Claimant, Prof. Ngozi Ijeoma, had submitted that she was appointed Vice Chancellor of Citiedge University and served in that capacity pursuant to the terms of her employment.
Prof. Ngozi averred that despite rendering services to Citiedge University, they failed to pay her salaries for several months and also failed to refund monies advanced by her to the Institution.
Prof. Ngozi maintained that despite repeated demands, Citiedge University neglected, failed and refused to pay her outstanding salaries and refund the monies advanced by her.
In defence, the Defendants, Citiedge University, contended that there was no formal contract of employment between the parties as Prof. Ngozi has yet to sign formal acceptance of the employment offer.
The University stated that Prof. Ngozi never resumed duty, or did any work for them, and that the loan or debt contract between the parties is a subject of litigation before the FCT High Court, outside the jurisdiction of this Court.
Learned Counsel to the University averred that Citiedge University is not the Claimant’s employer. Rather, Nnamdi Azikiwe University Awka, which is a Federal Government University, is her employer. Counsel argued that any extra business undertaken is illegal and that it is illegal for Prof. Ngozi to take up employment as a Vice Chancellor while a public officer.
In opposition, Prof. Ngozi’s counsel, Victor Edem Esq submitted that the evidence before the Court established an employment relationship between the parties and urged the Court to grant the reliefs sought in the interest of justice.
In a well-considered judgment, Hon. Justice Obaseki-Osaghae affirmed the jurisdiction of the court to entertain relief incidental and connected to Prof. Ngozi’s employment.
On the defendants’ assertion that the Claimant did not accept the appointment in writing, the court found that there was an offer made to the Claimant by the Defendants, and there was an acceptance by the Claimant; and held that Prof. Ngozi has a valid contract of employment with the Defendants as the Vice Chancellor of the Citiedge University.
Justice Obaseki-Osaghae held that Prof. Ngozi followed due process and has not violated any public service rules in applying for a leave of absence without pay from Nnamdi Azikiwe University Awka where she lectured, which was granted, as is done in the public service.
The Court further held that Prof. Ngozi successfully proved her claims for unpaid salaries and monies advanced and consequently entered judgment in her favour for the payment of the outstanding salaries, refund of monies advanced, cost of action and post-judgment interest in default of payment within the period stipulated by the Court.
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