30th March, 2011
The National Industrial Court in Abuja has made an order restraining Ahmadu Bello University Zaria and its Vice Chancellor from evicting one of its lecturers, Dr Muazu Maiwada of the Department of English and Literary Studies, from his official quarters pending the hearing and determination of the substantive suit he filed challenging the termination of his appointment.
His appointment was terminated on 1st of March, 2011.
Dr. Maiwada had gone to court seeking an order of interlocutory injunction restraining the university and its Vice Chancellor from ejecting him from his official residence situated within the premises of the university after being issued an eviction notice on March 9, 2011 asking him to vacate the house on or before 6 April 2011.
In an affidavit in support of his motion, Maiwada who said the defendants had threatened to eject him from his official residence and his office and also seize his identification card, said since the purported termination of his appointment, he and his family have been stressed psychologically, economically and financially.
“On March 2, 2011 some junior officials of the university came to my house and informed me that they had been instructed by the Vice Chancellor to start renovation work in the house; they left only after much persuasion and ever since myself and my family have been living in constant fear of ejection,†he said in the affidavit.
He also said the university had at no time accused him of gross misconduct or inability to carry out the duties of his office and have never invited him to defend himself against any allegation whatsoever.
His lawyer, Mrs. B. O. Awomolo, told the court that if the orders sought by her client are not granted it will cause him real hardship and irreparable damage.
In granting the reliefs sought President of the court, Justice Babatunde Adejumo, restrained the university authority and their agents or privies from harassing, evicting or taking any action adverse to the possession and occupation of Dr. Maiwada’s official quarters pending the hearing and determination of the substantive suit.
“I have gone through the motion ex-parte and I have heard the argument of counsel, I am satisfied that if the orders sought are not granted, there will be imminent threat that the applicant and his family are ejected,†he said.
The court similarly made an order restraining the defendants from evicting him from his office at the Department of English and Literary Studies and from seizing his staff identification card pending the hearing and determination of the substantive suit.
While ordering the defendants to obey the order of the court until the final determination of the substantive suit, Justice Adejumo also ordered that they be issued hearing notices.
The case has been adjourned till April 8 for hearing before Justice Auwal Ibrahim in the Abuja division of the court.
By Nnamdi Felix/Abuja