Awards N5m Damages to Ex-Lecturer
By Emmanuel Thomas l LAGOS
LAGOS, Nigeria – The National Industrial Court sitting in Lagos has declared the compulsory retirement of a Senior Lecturer at the University of Lagos (UNILAG), Dr. Mojibayo Mobolaji Fadakinte, as unconstitutional, unlawful, null, and void.
Presiding judge, Hon. Justice R. H. Gwandu, in a judgment delivered on December 3, 2025, held that the University authorities failed to follow the mandatory statutory procedures for the removal of academic staff as provided in the University of Lagos Act.
The court further awarded the sum of N5 million as exemplary damages against the university for the unlawful removal of the claimant.
Dr. Fadakinte, a Senior Lecturer, had approached the court to challenge his compulsory retirement via a letter dated August 2, 2021. The University had retired him based on a petition alleging “falsification of age.”
According to UNILAG’s defense, the lecturer’s student records from 1977 indicated a birth date of March 18, 1955, making him 65 years old in 2020. However, the claimant maintained his birth date was March 18, 1958, citing his international passport and driver’s license.
The University argued that he failed to provide a “tenable” explanation for the discrepancy and bypassed disciplinary committees because they viewed the matter as a “mere clarification of irregularities” rather than misconduct.
Court’s Findings
In her judgment, Justice Gwandu rejected the University’s argument that Section 18 of the University of Lagos Act did not apply. She clarified that falsification of age is a serious criminal allegation and constitutes misconduct.
”The Defendants have not shown the Court that they adhered to these mandatory provisions,” the Judge stated.
“The law is clear on the steps for removing a staff… and the 4th Defendant (Registrar) cannot unilaterally usurp the powers of the Senate and Council of the University of Lagos in being accuser, investigator, and Judge.”
The court noted that the two internal memoranda sent to the claimant asking for “clarification” did not constitute a fair hearing, as no investigative committee of the Senate was ever constituted to hear the lecturer’s side before the decision was made.
While the court set aside the retirement letter of August 2, 2021, it noted that the claimant’s employment had eventually been “caught up by events.”
Even using the lecturer’s preferred birth year of 1958, he would have reached the mandatory retirement age of 65 on May 17, 2023.
Consequently, Justice Gwandu ordered:
Setting Aside the letter of compulsory retirement dated August 2, 2021.
Payment of Emoluments: UNILAG must calculate and pay Dr. Fadakinte all salaries and benefits that accrued from August 2, 2021, until his statutory retirement date in May 2023.
Exemplary Damages: The University is to pay N5,000,000 to the claimant for the unlawful termination of his employment.
The court concluded that the only way to terminate an employment protected by statute is to adhere strictly to the regulations binding the parties.
