A National Industrial Court sitting in Lagos has ordered the University of Lagos to assess, compute, and pay all terminal benefits due to a late professor, Luke Uche, declaring the institution’s refusal to do so arbitrary, unlawful, and unjustified.
The court further directed the University to furnish the deceased professor’s widow and next-of-kin with a detailed breakdown of all pensions, gratuities, emoluments, and disengagement entitlements due to her late husband and to pay the sums within 60 days.
The suit was filed by the deceased professor’s widow, Joyce Uche, who told the court that her late husband was employed by the University of Lagos in 1982, confirmed in 1986, and promoted to professor in 1996 before he was suspended in 2001, a decision he challenged in the Supreme court until his death in 2015.
Joyce said that despite several formal requests after her husband’s death, the University refused to assess or pay his entitlements, instead alleging, without documentary proof, that the deceased owed the institution more than ₦25 million.
In its defence, UNILAG acknowledged that the deceased was its employee but maintained that he was suspended and recommended for dismissal, arguing that his estate was not entitled to any benefits until alleged salary overpayments, rent arrears, utility bills, and other liabilities were settled.
The University also argued that the Late Prof. Uche failed to obtain clearance certificates and other documents required under the Public Service Rules before processing entitlements.
Objecting to this, Joyce through her counsel, C.O.P. Emeka (SAN), argued that her late Prof. was never dismissed and remained a suspended staff member until his death, which entitled him to full salary and benefits.
The counsel maintained that his client properly initiated clearance through the Human Resources Department and that it was the duty of the University, not that of Prof. Uche, to complete the internal process.
Emeka posited that his client’s alleged debt was a mere afterthought and bad faith, unsupported by any documentary proof, and urged the Court to grant the relief sought.
Delivering judgment after careful evaluation of the evidence, Justice Elizabeth Oji held that Prof. Uche died as a suspended staff member and was never dismissed from the employment of the University, that the suspension did not terminate his employment and did not affect his entitlement to emoluments.
According to the judge, the University failed to prove the alleged indebtedness of over N25 million, as no departmental reports, calculations, or documentary evidence were produced to support the claim.
Justice Oji held that the evidence before the Court sufficiently established that Late Prof. Luke Uche remained a suspended staff member of the University at the time of his death and that the refusal of the university to assess, compute, and pay his entitlements was arbitrary, unjustified, and unlawful.
The Court also awarded N2 million as costs against the University.
