The National Industrial Court sitting in Lagos has declared the compulsory retirement of a Senior Lecturer at the University of Lagos (UNILAG), Dr. Mojibayo Mobolaji Fadakinte, as unconstitutional, unlawful, null, and void.
Presiding judge, Hon. Justice R. H. Gwandu, in a judgment delivered on December 3, 2025, held that the University authorities failed to follow the mandatory statutory procedures for the removal of academic staff as provided in the University of Lagos Act.
The court further awarded the sum of N5 million as exemplary damages against the university for the unlawful removal of the claimant.
Dr. Fadakinte, a Senior Lecturer, had approached the court to challenge his compulsory retirement via a letter dated August 2, 2021. The University had retired him based on a petition alleging “falsification of age.”
According to UNILAG’s defense, the lecturer’s student records from 1977 indicated a birth date of March 18, 1955, making him 65 years old in 2020. However, the claimant maintained his birth date was March 18, 1958, citing his international passport and driver’s license.
The University argued that he failed to provide a “tenable” explanation for the discrepancy and bypassed disciplinary committees because they viewed the matter as a “mere clarification of irregularities” rather than misconduct.
Court’s Findings
In her judgment, Justice Gwandu rejected the University’s argument that Section 18 of the University of Lagos Act did not apply. She clarified that falsification of age is a serious criminal allegation and constitutes misconduct.
