Judge Rules DELSU Breached Contract In Terminating Associate Professor Without Notice, Orders N2.2M Payment

The Court declared that Delta State University wrongly terminated Dr Moses’s Contract Appointment and ordered the Delta State University, Its Vice Chancellor and Pro-Chancellor to pay to Dr Moses the sum of N1,364,554.98 (One Million, Three Hundred Sixty-Four Thousand, Five Hundred Fifty-Four Naira, Ninety Eight Kobo) being Dr. Moses salaries for the months of February, March and April 2020 in lieu of notice for the termination.

Justice Targema also ordered Delta State University, its Vice Chancellor and Pro-Chancellor to pay Dr Moses the sum of N909,703.32 (Nine Hundred and Nine Thousand, Seven Hundred and Three Naira, Thirty-Two kobo) being Dr Moses’s salaries/entitlements for the months of December 2019 and January 2020.

From facts, the claimant- Dr Moses had submitted that his contract appointment as an Associate Professor in the Department of Political Science of Delta State University was further renewed on the 28th October 2019 for another two (2) years with effect from 19th December 2019 to 18th December 2021.

Dr Moses averred that he was dutifully and diligently carrying out his responsibilities in accordance with the memorandum as to the terms of the Contract Appointment until 22nd January 2020 when he was served with a letter terminating his Contract Appointment as an Associate Professor with effect from December 2019.

Dr Moses averred that he was never involved in any form of misconduct while in the service of Delta State University and as such was never summoned to appear, nor did he appear before the Senior Staff Disciplinary Committee at any time prior to the termination of his contract appointment and as such the recommendation of the Ad-Hoc Committee could have been based on the actions of the said Senior Staff Disciplinary Committee at various levels.

In defence, the defendants- Delta State University, Its Vice Chancellor and Pro-Chancellor maintained that Dr Moses’s temporary appointment of 18th December 2014 was ab initio an illegal Contract; that Dr Moses having retired from the Delta State Local Government Service Commission was offered another employment with the Delta State University, an institution under the control and management of the Delta State Government; that the said contract of employment/appointment is an illegal contract.

In opposition, the claimant’s counsel, T. Brisibe, Esq. submitted that there is nowhere in the law creating and governing the Delta State University that precludes a retiree of the Delta State Local Government or any retiree from taking up a temporary or contract appointment with the Delta State University.

Dr Moses’ counsel submitted that the termination of his client’s contract appointment was illegal and a flagrant breach of the terms of the contract entered into between the parties, and urged the Court to so hold.

Delivering judgment after careful evaluation of the submission of both parties, the presiding Judge, Justice John Targema reiterated that where a contract of employment is for a fixed time, the employee cannot be removed, except for misconduct, during the period of the term contracted; and where the contract is so determined before the expiration of the terms agreed, the employer shall be made to pay the employee the full salary he would have earned for the period of his contract terms.

The Court posited that Delta State University, its Vice Chancellor and Pro-Chancellor have not drawn their attention to the Delta State University’s Regulations, governing the service of Senior Staff states on appointments that appointments of staff shall be on a pensionable basis or on a contract basis or on secondment.

“On the whole, the defendants have not succeeded in proving any of the reliefs in the counterclaim. The defendants’ counterclaim accordingly fails and is hereby dismissed.”