Appeal Court dismisses FUNAAB’s case against two lecturers
Appeal Court dismisses FUNAAB’s case against two lecturers. An Appeal Court sitting in Lagos has dismissed a case of plagiarism filed by the Federal University of Agriculture, Abeokuta, against Dr. Janet Bamgbose and Mr. Akeem Bamigbade, who were lecturers of the institution.
A copy of the judgment which was given November 25, 2021, was obtained by our correspondent on Sunday in Abeokuta.
Both Bamgbose and Bamigbade who were Associate Professor and Assistant Lecturer respectively before their disengagement from the service of the university had dragged the institution to a lower court seeking justice on the termination of their appointment on the allegation of plagiarism.
They alleged that they were not given a fair hearing while they appeared before the Investigative Panel and the Governing Council of the institution.
The lecturers said the decision by the university to terminate their appointments was malicious.
They argued that the appellant did not comply with the Provision of Section 18 (3) of the Federal University of Agriculture Act (Cap 22) Laws of the Federation of Nigeria 2004 in constituting the Staff Disciplinary Committee that ‘tried” their matter.
They appealed to the institution to reconsider its decision after they had been served with their letters of termination but the institution failed to respond to their pleas.
However, the university argued at the lower court that the respondents’ employment was terminated on the ground of plagiarism and that the institution complied with the Provisions and Procedure stipulated by Law.
However, Hon. Justice J.D Peters of the National Industrial Court sitting at the Lagos Judicial Division in the Suit No: NICN/IA/ 371/2013 on the 1st of December 2016, granted the reliefs sought by Bamgbose and Bamigbade.
FUNAAB dissatisfied by the decision of the lower court filed its Original Notice of Appeal on the 2nd of December, 2016.
Justice Adebunkola Banjoko supported by Justice Obande Ogbuinya and Justice Abubakar Umar in the Appeal Suit No: CA/ L/ 127/2017 dismissed the appeal filed by FUNAAB.
Banjoko said, “From the above analysis, one can only safely conclude that the Appellant (FUNAAB) was the complainant and at the same time the judge determining the fate of the respondents’ in the allegation against them, and by so doing, it cannot be said that the respondents’ would enjoy fair hearing in the process. This Appeal is hereby dismissed.”