Court Rules in Favour of Ex-Senior Assistant Registrar in Employment Dispute Against FUTA: Awards N10 Million Compensation
In a landmark judgment delivered by Honourable Justice K.D. Damulak of the National Industrial Court of Nigeria, Akure Division, the Court has ruled in favour of Mr. Sunday V. Oluwadare in a protracted employment dispute against the Federal University of Technology, Akure (FUTA), awarding N10 Million substantial damages for breach of contract.
Mr. Oluwadare, the claimant, had sued FUTA, its Vice Chancellor, and the Registrar over the University’s failure to allow him resume duties after he had been formally offered employment for the vacant position of a Senior Assistant Registrar in May 2017.
Despite fulfilling all pre-employment conditions, including resigning from his previous position at the Redeemer’s University and relocating with his family to Akure , FUTA postponed his resumption indefinitely—an act the Court has now declared unlawful.
The claimant initiated the suit (NICN/AK/21/2022) on May 27, 2022, requesting multiple reliefs including a declaration that FUTA breached the employment contract; the university’s actions amounted to unfair labour practices; compensation totalling ₦20 million in damages for career disruption and breach and an order affirming his status as a staff member entitled to salary arrears from August 15, 2017.
The University, through its defence, argued that the contract was frustrated due to a prolonged strike by non-teaching staff and internal objections that led to a review and eventual suspension of the recruitment process affecting the claimant and 16 others.
Justice Damulak, in a detailed judgment, rejected the defendants’ preliminary objection that the claimant lacked standing to sue or was not an employee. The Court held that the claimant had established a binding employment contract by accepting the offer and receiving the employer’s approval of his resumption date.
The Judge noted: “The claimant was offered an appointment, accepted it, was accepted back by the defendant, and took irreversible steps to resume duties—including resigning his previous role and relocating his family. The defendant’s action in halting this process constitutes a breach.”
On the issue of document admissibility, the Court admitted key pieces of evidence including medical clearance, resignation letters, and correspondence with FUTA—despite several objections raised by the defence counsel.
The Court affirmed that FUTA breached the employment contract by unilaterally suspending the claimant’s appointment process without justification, and held that the University’s actions caused significant professional harm to Mr. Oluwadare.
In the landmark judgement, the Court, having dismissed all preliminary objections by the defendants, ruled that FUTA should pay a sum of N10 million in damages for breach of contract to Mr Oluwadare within 30 days of the judgement or else the sum would attract an interest of 10% per annum. The court added that a sum of N200,000 should also be paid to by the defendants to the claimant, being the cost of the suit.
This judgment reaffirms the principle that once an offer of employment is accepted and confirmed, an employer cannot arbitrarily revoke or suspend such an appointment, especially after the employee has taken irreversible steps in reliance on that offer. It is also a strong statement against administrative impunity and procedural unfairness within public institutions.
As of the time of filing this report, the authorities of FUTA had not responded to messages from the Editor of the Democrat News Magazine.