A Senior Advocate of Nigeria (SAN) Ebun Olu Adegboruwa who is the lead counsel to the Federal University Oye-Ekiti (FUOYE) on the lingering legal battle between the sacked Registrar, Odusanya Olatunbosun /Bursar, Mrs. Bolatitio Roseline Akande and the Ivory Tower, on Tuesday told the sacked ex-principal officers that their sack was irreversible as the university had appointed new Registrar and Bursar to replace them.
Odusanya & Akande
Besides, the Senior Advocate said such appointment had become legally irreversible.
Odusanya and Akande were last year June, dismissed from the University as Registrar and Bursar after incontrovertible evidence established against them were obtained from a thorough investigation which indicted them of gross misconduct against the University Regulations.
Dissatisfied, the duo approached the National Industrial Court of Nigeria (NICN) in Abuja to challenge the legality of their sack.
They filed an interlocutory injunction, restraining FUOYE Management and the Council from appointing new and substantive Registrar and Bursar.
But the Counsel to the defendants, Ebun Olu Adegboruwa (SAN) filed a counter-affidavit which led to the quashing of the exparte Order retraining FUOYE from making new appointments of Registrar and Bursar and also restrained the Claimants from obtaining further Exparte order to stop the appointments.
The Judge thereafter adjourned the case to Wednesday, May 25, 2022 to enable the claimants file a better counter-affidavit. But it appeared the claimants were confused in Court on Wednesday as they again failed to properly present their case.
After being properly guided by the presiding Judge, the legal counsel who held brief for the claimants, Benita Odigie urged the Court to allow them to regularize the process leading to the withdrawal of the default application and creating the legal space to refile a proper application.
The presiding judge, Justice E. N. N Agbakoba thereafter adjourned the next hearing of the case to July 19, 2022. She also insisted that the Claimants must urgently put their house in order and present a proper application in the next outing.
Appearing for the esthwhile Registrar and Bursar on Tuesday, July 19, lead counsel to the claimants, Aliyu D Hussein regularized the faulty applications by withdrawing the earlier applications and filed other applications which would kick-start the proper trial of the case.
Odunsanya and Akande also made a futile attempt to re-present an interlocutory injunction restraining the appointment of new Registrar and Bursar but this henious move was countered by Mr. Adegboruwa who argued that the interlocutory Injunction would not fly because it was already dead on arrival. The respected SAN said it was not possible for the claimants to reverse an appointment which has already been made to replace their sack which was effected a year ago. He added that, should the claimants insist on representing the interlocutory injunction, the defendants would have no choice other than to also represent the counter affidavit against the jurisdiction of the court to entertain the case.
As a way of resolving the issue, Mr. Adegboruwa urged the Court to commence a trial on the case as a better alternative. Having realized his blunders, the claimants agreed to the Court’s commencement of the trial and the judge thereafter adjourned the hearing/trial of the case to October 25, 2022.