The National Industrial Court of Nigeria (NICN) in Uyo has dismissed the case filed by Professor Yahaya Abubakar Muhammad of the Department of Law, University of Maiduguri (UNIMAID).
The suit was filed against the Vice Chancellor of UNIMAID, the University itself, Sir Wole Sadipo, and the Attorney General of the Federation, who were the 1st, 2nd, 3rd, and 4th Defendants respectively.
An affidavit dated December 16, 2022, confirmed that Professor Muhammad, originally a Sudanese citizen, had secured a permanent and pensionable appointment at the university for over 40 years, which is against public service regulations.
A panel of enquiry was set up by UNIMAID to investigate this matter but its proceedings were halted pending the outcome of the case in the National Industrial Court.
In the case, numbered NICN/MAID/01/2022, and judged on June 13, 2024, Professor Muhammad filed for Originating Summons under sections 6, 32, and 36 (1) of the 1999 Constitution (as amended), and sections 28 and 35 of the Immigration Act 2015.
He sought to determine whether the University and other Defendants had the authority to question his nationality, arguing that such matters fall exclusively under the jurisdiction of the President of Nigeria, the Ministry of Interior, the Comptroller General of Immigration, and the Immigration Board.
The Defendants argued that Professor Muhammad’s claims should be dismissed with substantial costs.
They presented evidence that he graduated from the University of Khartoum as a Sudanese citizen and was not eligible for the National Youth Service Corps (NYSC).
Justice Mahmood Namtari ruled, “It is therefore my finding and holding that the Claimant is not entitled to the declaratory relief for lack of proof.”
He further cited, “The simple reason is that it is a disruption of an employer’s business to fetter him with an injunction not to discipline his staff” referencing the case of Shell Pet. Dev. Co (Nig) Ltd V. Omi (1998) 9 NWLR (Pt. 567) 672.
The court dismissed the case for lack of merit and made no order as to cost. Following this ruling, the panel set up by the university is expected to resume and conclude its investigation into Professor Muhammad’s nationality and employment status.
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