The National Industrial Court sitting in Ibadan, Oyo State, has dismissed a N2 billion damages suit filed against Olabisi Onabanjo University by a retired lecturer in the institution’s Department of Banking and Finance, Dr Raymond Adegboyega.
Adegboyega had approached the court seeking N2 billion in damages over what he described as decades-long denial of promotion during his service at the university. According to him, after his employment in 1982, he was promoted only once in 2001 from Lecturer II to Lecturer I and remained on the same rank until his retirement in 2022.
Represented by his counsel, Mr Osuolale Asanike, the claimant alleged that he suffered discrimination, nepotism and ethnic bias because he was not an indigene of Ogun State. He claimed the alleged denial of promotion subjected him to psychological trauma and professional stagnation.
The retired lecturer also sought payment of leave allowances, claiming he never proceeded on annual leave throughout his years of service. In addition, he asked the court to compel the university to remit alleged outstanding deductions to the university cooperative society and the Academic Staff Union of Universities (ASUU).
He further requested that the court direct the university to recalculate his pension and gratuity using what he described as his “deserved promotions.”
Counsel to the university, Messrs Felix Ogunmade and Daniel Ola, urged the court to dismiss the claims, describing them as baseless, unsubstantiated and lacking merit.
The defence argued that promotion in the university system is not automatic but dependent on merit, including academic publications, professional qualifications and recommendations from relevant departments and faculties.
The university’s lead counsel also informed the court that Adegboyega’s proposed promotion to Senior Lecturer in 2019 was stalled following a petition by a student alleging abuse of office.
On the issue of pension, the defence maintained that pensions are administered by pension fund administrators and not directly by the university. Counsel also argued that the claimant voluntarily chose not to proceed on leave and failed to provide evidence of unremitted deductions.
Delivering judgment, Justice JD Peters upheld the university’s submissions, ruling that promotion remains the exclusive prerogative of an employer.
According to the judge, “An employee is not entitled to promotion simply because he believes in his competence, skills and loyalty to his employer.”
Justice Peters further held that the claimant failed to establish any legal basis for the N2 billion damages claim, stating that there was no credible evidence before the court to prove entitlement to the promotions being demanded.
Citing the famous dictum in UAC v. MacFoy (1962) AC 157, the judge held that “you cannot put something on nothing and expect it to stand.”
The court subsequently dismissed all the reliefs sought by the claimant for lack of cogent, credible and admissible evidence.
