BY: VITALIS UGOH, CALABAR
The National Industrial Court in Uyo, Akwa Ibom state, has restrained
the University of Calabar from fielding anyone as bursar of the
University, pending the determination of the motion on notice before
it.
The former bursar of the University, Mr. Peter Agi (claimant) was in a
controversial circumstance suspended in August and eventually sacked
by the management in November last year over
allegations of fraud and other.
He however dragged the school, the Vice
Chancellor and the Registrar to court seeking redress insisting that
due process was not followed.
Agi lost the matter in the Industrial court in Calabar on Tuesday last
week but proceeded to the Industrial Court in Uyo on 23 January, 2017,
through his counsels Chidimma Nancy Nwajiobi and Michael Nkwan with
an expert application for an interlocutory injunction restraining the
respondent (University of Calabar and two others) from interviewing or
employing any person or persons in place of the claimant/applicant as
Bursar of the University of Calabar pending the determination of
motion or notice filed and served on the respondent.
Upon hearing the affidavit of urgency in the support of the interim
injunction sworn to by Agi and submissions from his counsels, the
court in an injunction signed by the Registrar, Mr. Peter Ortese and
dated January 24, ordered “an interim injunction restraining the
respondents from interviewing or employing any persons or persons in
place of the claimant as Bursar of the University of Calabar is hereby
granted pending the determination of the motion on the notice for
interlocutory injunction”.
Accordingly, the court adjourned the motion on notice to be heard on
the 31 January, 2017.
It is recalled that National Industrial Court in Calabar had dismissed
the suit filed by
Agi, challenging his suspension and eventual sack saying he did not exhaust
internal processes.
Ruling on the matter in Calabar on last week, Justice Nneka Esowe said Agi’s suit was premature, having failed to comply with the internal
dispute mechanisms as stipulated by University of Calabar Law no. 80
of 1979 and that Agi did not exhaust internal processes before coming to
court and it was difficult for his prayers to stand.
Speaking on the ruling, Counsel to the Vice Chancellor, Abiye
Atururobibo, said, “we are happy that the court has done justice in
this matter and has completely venerated our position which we always
canvassed from the inception of this matter that Mr Peter Agi’s action
against the University is incompetent and premature because he did not
follow due process”.
