American University of Nigeria ordered to pay N60,000 for delaying 2011 case brought by 6 professors

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Justice James Fishim of the National Industrial Court on Thursday ordered the management of the American University of Nigeria (AUN), Yola, to pay N60,000 in penalty for delaying quick disposal of case.
Six professors of the university had in 2011 dragged the institution before the court, alleging wrongful termination of employment and breach of employment contract.

The claimants are Franklin Nwagbara (Associate Professor of Environmental Toxicology and Chemistry), Ferdinand Nwafor (Professor of Economics), John Ukawuilulu (Professor of Sociology) and Benedict Akanegbu (Professor of Economics).

The other claimants are Uzoma Okorie (Associate Professor of Chemical Engineering) and Nwojo Agwu (Associate Professor of Mathematics).

Fishim gave the order when the AUN counsel, Chief Adeniyi Akintola (SAN), applied for adjournment on the ground that the defendant’s witness was absent.

The presiding judge, Justice James Fishim, however, awarded a penalty cost of N60,000 against the defendant for delaying hearing and adjourned the case to Nov. 11 for definite hearing.

The presiding judge said: ``The court has awarded a cost of N60,000 against the defendant.

"This penalty must be paid to the court before the next adjourned date of Nov. 11."

Earlier, the claimants' counsel, Chief Mike Ahamba (SAN), who opposed the application, argued that the application for adjournment should not be granted, saying that it was an attempt to delay hearing.

Ahamba urged the court to reject the application or award cost in the alternative, noting that it was the second time the case would be adjourned at the instance of the defence.

"In the alternative, if the court is minded to grant the adjournment again, I want the court to award a cost of N100,000 against the defendant," he said.

NAN reports that the claimants alleged in the suit that the university terminated their employment at the same time in June 2011 without following laid down procedure.

They said the provisions of the university’s faculty manual and their letters of engagement provided for due notice either by the employer or the employee in terminating the contract.

The claimants also told the court that the ground of the termination stated by the defendant was injurious to their academic and professional reputation.

They prayed the court to declare that the termination of their employment contracts was wrongful and breached provisions of the terms of contract contained in their letters of engagement.

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