The lecturers had claimed that the university had refused to carry out a court order for their reinstatement.

But in its reaction, the management accused them of misleading the public about the true nature of issues they had with the university regarding their employment status and court cases.

Omonijo and Oluwagbemiga, according to the management, in a statement signed by FUOYE’s Public Relations Officer, Mr. Foluso Ogunmodede, were sacked for gross misconduct committed against and a breach of the University Regulations.

It said while Dr. Omonijo had an Out-of-Court settlement over the matter leading to a notice of his reinstatement as ordered by the Industrial Court Akure division, the University had appealed a ruling delivered in favour of Oluwagbemiga at the appellate court.

The management said rather than setting the record straight, the two sacked lecturers had gone to the media to falsely accuse FUOYE of disobeying a court order which mandated their reinstatement.

FUOYE Management while faulting the claims of the two lecturers said the duo had been reculcitrant and untruthful in the matter.

The management said while Omonijo had failed to honour terms of settlement provided by the University Council as a pre-condition for his full reinstatement, the court’s ruling in favour of Adeyemi was already being challenged at the appellate court of which he was fully aware until the final determination of the appeal.

This, Oluwagbemiga would not rightly claim that the University had failed to honour the court’s judgment regarding his reinstatement, the management said.

Besides the school authority said, Oluwagbemiga was not a party to the consent judgment which involved Omonijo.

FUOYE said that the latest action of Omonijo and Oluwagbemiga which had again spread yet another falsehood to the public through the media, amounted to a deliberate act of bringing the great Ivory Tower into disrepute.

It said it was also a clear testament to the fact that they were pretenders, utterly dishonest, unrepentant and never interested in any genuine reconciliation.

Recalling that that was part of the infractions against the University and the local branch of Academic Staff Union of Universities (ASUU) committed by Omonijo and his co-travellers in 2018 which led to the disintegration of the Union in FUOYE and other unpalatable developments that culminated in the indefinite suspension of the duo by the Management to allow peace to reign, and their eventual dismissal and termination of appointment respectively.

The management advised Omonijo and others to stop rushing to the media to misinform and mislead the public as they were the ones trying to be clever by half by evading proper reconciliation terms of settlement as spelt out by the University Regulations.

The school authority said that it was only rational for the University Council to ask Omonijo to assure the system that he would henceforth, adhere to the Rules and Regulations of the University before his reinstatement fully with a view to forestalling a repeat of the unfortunate incidents orchestrated by Omonijo and his co-travellers from 2018 which gave the immediate past administration unnecessary headaches and hiccups.

The institution said in accordance to the Rules of Engagement of the University, FUOYE Governing Council directed Omonijo to append his signature to the terms of reference which would ensure that he put up good behaviour and remain law-abiding before he was fully reinstated.

That, it was said, was to prevent a repeat of the unfortunate incident that led to their sack as the duo for unruly behaviour as Union leaders on the campus with their recalcitrant behaviour having constituted nuisance and chaos, causing unnecessary tensions on the serene campus of the university.

The institution said Dr. Omonijo breached the university rules and regulations in many respects for which he was duly sanctioned by the University Council.

The University Council as a law abiding organ of the University which comprised of people of high integrity from various walks of life will not do anything to compromise the rule of law, the management said.

It is stated further that the Council was not asking for too much by demanding that Dr Omonijo should sign an undertaking to be of good conduct as part of the requirements for his full reinstatement.

That, it argued did not in anyway violate the terms of the out-of-court settlement for his reinstatement.

It said while court directed his reinstatement, Council had a responsibility to effect the judgment in line with “our administrative procedures and obligations.”

The management said: “The Council is in possession of informed  legal opinions that it is not the intention of the court to override or suspend the laws of the University in the execution of the out-of-court settlement. Moreover, similar cases occurred whereby those involved also penned an undertaking to the Council before their reinstatement. These people have already resumed. As far as the University Council is concerned, we have duly complied with the court’s directive. But will always ensure that the rules and regulations of the university are protected against any infraction by its members of staff. Their latest action is an affront to the University Council and will be handled appropriately.”

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According to the lecturers, the management of the university refused to obey two separate judgements of the National Industrial Court, sitting in Akure and Abuja respectively that ordered their immediate reinstatement.

However, in a swift reaction, the school authorities have debunked the claim of the lecturers saying that Omonijo had been asked to return to work contrary to his claim.

According to the Public Relations Officer of the university, Mr. Foluso Ogunmodede, the lecturer had only refused to comply with the directive of the institution to sign an undertaking.

In the case of Dr. Omonijo, the current Chairman, Academic Staff Union of Universities, ASUU of the university, he was placed on an indefinite suspension by the university in 2019, via two separate letters dated February 14 and 15, 2019, signed by the then Acting Registrar of the institution, Mrs. Olayinka Adeniran-Ajayi.

Aggrieved, Dr. Omonijo through his lawyer, Mr. Femi Falana, SAN in suit number NICN/AK/21/2019 filed before the National Industrial Court, Akure Division, urged the court to declare his indefinite suspension without pay illegal, unconstitutional, and a violation of the provisions of the Trade Union Act.

Falana had argued that the letters of suspension without pay dated 14 and 15 February 2019 were unknown to law.

However, during the pendency of the suit, both parties reached an amicable settlement of their disputes and requested that judgment of the court be entered based on the agreement.

Consequently, Justice Kiyersohot Damulak in a consent judgement set aside Dr. Omonijo’s suspension and ordered the university to reinstate him to his status as Senior Lecturer and to pay his salaries, allowances, and entitlements from February 2019.

Justice Damulak further held that the letters dated 14 and 15 February 2019 regarding his suspension should be withdrawn along with the withdrawal of the claimant’s claims in the suit.

Subsequently, the university in a letter dated November 10, 2021, signed by the Acting Registrar and Secretary to the Governing Council, Mufutau Ibrahim, acknowledged the receipt of the consent judgment.

The letter stated that the Governing Council of the University, at its sixth Extraordinary Meeting held on Wednesday, 3 November 2021, directed that, he should be reinstated to the service of the university with immediate effect.

The letter however added that considering the nature of the offence allegedly committed, further disciplinary action would be taken irrespective of the outcome of the criminal proceedings, in deference to the court.

But, Falana in a letter written to the university, urged the Governing Council to comply with the consent judgement of the National Industrial Court, pointing out that the court did not attach any precondition in the judgement.

He warned that attaching a precondition would be in contempt of the court.

Similarly, in suit number NICN/AK/64/2018 filed by Professor Adeyemi against the institution, Justice Oyejoju Oyewumi of the National Industrial Court, Abuja Division had in her judgement delivered on November 12, 2019 declared his letter of termination  dated  October 31, 2018 null and void.

Justice Oyewumi held that Professor Adeyemi is still in the employment of the university and should be reinstated back to his erstwhile position without any loss of seniority, rank and entitlement whatsoever.

The court also restrained the management of the university from further interfering with his rights, privileges and performance of his duties as an Associate Professor in the University.

Rather than complying with the court order, the university approached the Court of Appeal, Akure Division to challenge the judgement.

However, the appellate court in a ruling delivered on October 6, 2021 , by Justice Rita Pemu dismissed the appeal for want of diligent prosecution.

Justice Pemu observed that counsel for the appellant (University) was absent after having been duly served with hearing notice.

Dissatisfied, the university again appealed to the Supreme Court praying the Apex Court to allow the appeal and set aside the judgement of the lower court.

The appellant argued that the lower court erred in law when it struck out its Motion on Notice filed on October 14, 2020, insisting that the appellant was present in court and was represented by the Head, Legal Unit, Mr. Lawrence Eni.

Dismayed, Professor Adeyemi accused the university of using delay tactics stressing that appeal from decisions of the NICN ends at the Court of Appeal.

He added that the NICN had exclusive original jurisdiction over employment-related complaints and cases, stressing that appeals from decisions of the NICN go to the Court of Appeal and the decision of the Court of Appeal, on any appeal arising from any civil jurisdiction of the NICN, is final.

He argued that only appeals from decisions of the NICN in respect of criminal cases could be made to the apex court of Nigeria.

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