Ogun ordered to reinstate sacked whistleblower, pay N5m damages

The National Industrial Court sitting in Lagos has ordered the immediate reinstatement of a registered nurse, Thomas  Olamide, who was dismissed in 2023 by the Ogun State College of Health Technology over her whistleblowing activities.

Delivering judgment in Suit No. NICN/LA/125/2023 last Wednesday, Justice S. A. Yelwa held that Olamide’s termination was “unlawful, unjust and unfair,” and directed the college and the Ogun State Attorney General to reinstate her without delay.

The court further ordered the defendants to pay all outstanding salaries, allowances and entitlements owed to Olamide from the date of her suspension to her reinstatement, as well as N5m as damages.

Olamide, through her counsel, Timothy Adewale, had challenged her dismissal, arguing that she was being victimised for exposing misconduct within the college.

During her employment, she had reported the theft of medical supplies and a power generator from the institution’s clinic, and also exposed an attempt to cover up the rape of a nursing student by a senior official — a case that eventually led to the prosecution of the official.

The court ruled that Olamide’s actions fell squarely within protected whistleblowing activities and that punishing her for them violated her rights.

Justice Yelwa emphasised that the court, as a court of law and equity, “would not fold its hands or close its eyes” to acts of victimisation, harassment, or intimidation of whistleblowers.

Reacting to the judgment, Adewale hailed the ruling as a landmark decision for labour law in Nigeria, noting that it affirmed international best practices and conventions ratified by the country.

“We welcome this judgment wholeheartedly as it focuses attention on the need for whistleblowers to be protected by the court. Our law must move forward and meet the yearnings of the 21st century. Nigeria cannot be left behind,” he said.

Adewale commended the application of International Labour Organisation Convention No. 158 on termination of employment, which requires fairness from employers, and described the ruling as a watershed moment.

“This judgment shows that the law must be equitably and justly applied to meet the yearnings of true justice. Society evolves, and so must the law. The law cannot stand in one place,” he added.

According to Adewale, the decision will have far-reaching implications for whistleblower protection and employment law in Nigeria, “where workers have long been vulnerable to arbitrary dismissal”.