Professor Dupe Olatunbosun V. Nigerian Institute Of Social And Economic Research Council (1988)

LawGlobal-Hub Lead Judgment Report

A. OPUTA, J.S.C. 

In the Court of first instance – the Ibadan Judicial Division of the Oyo State High Court – the Plaintiff claimed two Declarations, an Order for specific performance and an injunction as follows:-

“1. Declaration that the letter of the 31st March, 1978 reference No. NIS/SS/Conf.397 written by the Defendants to the Plaintiff indicating that the defendants are unable to regard the Plaintiffs services with the Old Institute as having been transferred to the New Institute is ultra vires the Nigerian Institute of Social and Economic Research Decree No. 70 of 1977, is illegal, null and void

OR In the alternative

2. Declaration that in as much as the Plaintiff’s appointment was not transferred from the Old Institute to the New Institute the defendant has no power to determine the plaintiffs appointment.

Declaration that the Plaintiff holds a permanent appointment until he is 60 years of age and cannot be removed by the defendant or any Council without the consultation with the Senate and/or a hearing contrary to the Rules of Natural justice.

3. An Order for specific performance of the Service agreement of the 4th of April 1975 and letter of appointment of 14th April, 1975 as preserved by Decree No.70 of 1977 Section 4.
4. Injunction restraining the defendants from carrying the contents of the said letter into execution.

In the alternative to 3 and 4 supra. The plaintiff claims 1 Million Naira as damages for premature determination of his appointment”.

Pleadings were ordered, filed and exchanged. After due hearing on relevant evidence including a rather impressive array of over 80 exhibits, the learned trial Judge, Agbaje-Williams, J. in an equally long and impressive judgment of 48 pages found against the Plaintiff on each and every claim and ended thus at p.345 of the record – “The whole case is accordingly dismissed”.

Dissatisfied and aggrieved, the Plaintiff appealed to the Court of Appeal Ibadan Division coram Uche Omo, Sulu Gambari and Onu, JJ.C.A. That Court inspite of the multiplicity and prolixity of Issues formulated by the Plaintiff/Appellant identified the following 6 Issues as the “Main Issues For Determination in the appeal” namely:-

Issue No. 1

“Before the 14th December 1977, who was the employer of the appellant Was it the University of Ibadan, or Old NISER, or who else”

Issue No.2

“What were the appellant’s conditions of Service from 2/4/75 when he became a Professor until Exhibit 4 took effect”

Issue No.3

“Was the service of the appellant ever transferred to new NISER If so from what institution, and with effect from what date and by whom If not, in whose service was he as at 14/12/77”