By Glory Abuh-Adejoh
The National Industrial Court has dismissed salary entitlement claims by Prof Ndukaeze Nwabueze against Ahmadu Bello University, Zaria, for lacking merit.
Justice Sinmisola Adeniyi delivering judgment held that Nwabueze’s sabbatical appointment with the University came to an end due to frustration and he was therefore not entitled to the reliefs that he sought
As contained in Exhibit C1, the claimant’s sabbatical appointment is non-renewable, it commenced on March 9, 2020, and was to end on March 8, 2021, that is, a period of one year.
“Therefore, the claimant has not completed the documentation to place him on the payroll of the first defendant for his salary before the Covid-19 lockdown and ASUU strike and has not resumed lectures until Feb.8, 2021, which was a month to the end of his sabbatical appointment.
” The defendants have validly raised the defence of frustration of contract”, the court held.
From facts, the claimant had submitted that his appointment by the University was a full-time sabbatical appointment for a year.
He further averred that after he assumed duty, the Academic Staff Union of Universities (ASUU) embarked on strike, coupled with the COVID-19 global pandemic which resulted in the lockdown and consequent closure of public institutions.
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