By Vera E. Abah
A dismissed, but court-reinstated ASUU activist and associate professor at the Federal University, Oye-Ekiti (FUOYE), Ekiti State, Dr Ezekiel Oluwagbemiga Adeyemi, has submitted a petition to the Legal Practitioners Disciplinary Committee (LPDC) against a lawyer, Mr T.S. Adegboyega, Esq., to be investigated and sanctioned for abuse of court process.
Dr Adeyemi, who as at the time of his dismissal on 31st October 2018 from the services of FUOYE, declared in the petition to the LPDC that he was an associate professor “waiting to be announced as a full professor” before his unlawful dismissal by FUOYE.
In the petition, dated February 10, 2023, Dr Adeyemi alleged that he is “a victim of administrative highhandedness.” He is therefore praying the “Legal Practitioners Disciplinary Committee to investigate, take a disciplinary action and stop Mr. T.S. Adegboyega, Esq. of No 141, Station Road, Idi-Seke, Osogbo, Osun State for misuse of court in favour of his client, Federal University, Oye-Ekiti (FUOYE), Ekiti State, Nigeria.”
In his petition, which is addressed to the Chairman of LPDC, and obtained by National Record, Dr Adeyemi averred:
“My appointment was maliciously terminated by the management of Federal University Oye-Ekiti on 31st October, 2018 based on my role as the Chairman/Convener of Academic Staff Union of Universities, Federal University Oye-Ekiti (ASUU-FUOYE) committee on “THE STATE OF FUOYE: MATTERS ARISING”. I challenged the termination of my appointment at the National Industrial Court of Nigeria (NICN), Akure through my lawyer Mr. Femi Falana (SAN) and won in November 2019 (see exhibit “A” attached). The management of FUOYE appealed against the judgment of NICN in this matter to the Court of Appeal, Akure (see exhibit “B” attached). The appeal was struck out on 6th October 2021 at the Court of Appeal (see exhibit “C” attached).
“The management of FUOYE sought the counsel of Mr. T.S. Adegboyega, Esq. to appeal against the judgment of the Court of Appeal to the Supreme Court having abandoned their formal lawyer (Mr. M.T. Abari Esq. of Motolani & Associates; Tel: 08023280193) who represented the defendant (FUOYE) up to the Court of Appeal (see exhibit “D” attached).
“Sir, we all know that the Court of Appeal is the final arbiter in respect of all matters decided by the NICN based on the constitution that established NICN (see exhibit “E” attached). This means that the defendant’s (FUOYE) lawyer, Mr. T.S. Adegboyega, Esq. and the University management contravenes the law.
“This contravention has further exposed me and my vulnerable dependents to undue public embarrassment, ridicule and starvation.
“It is also important to bring to the notice of this Committee that the defendant (FUOYE) and defendant’s Counsel did not apply for a stay of execution, which implies that they must respect court procedure, return to the status quo before proceeding to the apex court.
“It is evidently clear by the action of the management of the University and the Vice-Chancellor, Prof. Abayomi Sunday FASINA in particular that they wanted to keep me away from the University indefinitely by using Mr. Adegboyega who has refused to stand by the ethics of his profession, knowing fully that the case cannot come-up quickly at the Supreme Court.
“The FUOYE Vice–Chancellor, Prof. Abayomi Sunday Fasina deliberately directed Mr. Adegboyega to appeal the judgment of the Court of Appeal in this case to the Supreme Court because of the undeniable evidence that he collected double salaries from Ekiti State University and Federal University, Oye-Ekiti simultaneously which I presented at the NICN as exhibit and one of the reasons for my victimization during trial of my case against FUOYE.
“That Mr. Adegboyega being a senior lawyer of many years in practice ought to know that the Court of Appeal is the last Court of resort in labour matters but he deliberately filed an appeal in respect of my matter to the Supreme Court with the intention of delaying the course of justice and frustrate me from enjoy [sic] the judgment delivered in my favour at NICN since November 2019. This action of FUOYE management and Mr. Adegboyega is a clear waste of public fund which it should attract punishment from the government of Nigeria.
“That Mr. Adegboyega should have advised his client to appeal to the Court of Appeal, Akure which is the last resort if the management of FUOYE disagreed with the judgment. Since it is a knowing fact that Court can correct herself.
“After series of calls to Mr. Adegboyega by my lawyer, Mr. Femi Falana (SAN) to withdraw the case, knowing fully the implications of what he has done. I am only left with this option of this petition to your respected body.
“My prayer: (i) That Mr. Adegboyega should be compelled to withdraw the case from the Supreme Court with immediate effect and advise his client to abide by the decision of the Court of Appeal. (ii) Mr. Adegboyega should be sanctioned for the abuse of court process. This will serve as a deterrent to other lawyers who may want to follow his unethical orientation.”
National Record had followed the litigation and reported how FUOYE erroneously ran to the Supreme Court following the unfavourable verdict against it by the Court of Appeal.
In the initial judgement by the Akure Division of the National Industrial Court, the Honourable Justice Oyebiola O. Oyewumi delivered on 12th November, 2019 held that Dr Adeyemi’s case succeeded in most parts and therefore declared and ordered as follows:
“1. That the termination of the Claimant’s [Adeyemi’s] employment vide a letter dated 31st October, 2018 from the employ of the defendant is null and void and unconstitutional.
“2. That the termination letter dated 31st October, 2018 is set aside.
“3. That the claimant is still in the employment of the defendant.
“4. That the claimant is entitled to be reinstated back to his erstwhile position without any loss of seniority, rank and entitlement whatsoever.
“5. That the defendant is restrained from further interfering with the claimant’s rights, privileges and performance of his duties as an Associate Professor in the defendant. No award as to cost Judgment is accordingly entered.” Read the full judgement here.
Similarly, the Court of Appeal, on Wednesday, 6th October, 2021, noted that after hearing T. O. Aguda, counsel to Dr Adeyemi, dismissed FUOYE’s appeal “for want of diligent prosecution.” Read the Court of Appeal Order here.
