O. A. Adeyemi Adeniyi V. Governing Council Of Yaba (1993)

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KARIBI-WHYTE, J.S.C.

On the 10th day of March, 1987, Famakinwa J, of the High Court of Lagos State sitting in Lagos, dismissed appellant’s application for the enforcement of his fundamental rights against the respondent for retiring him compulsorily from his office as Deputy Registrar, without fair hearing. On the 5th day April, 1989 his appeal to the Court of Appeal, Lagos Division was dismissed. The appeal before us is against the judgment of the Court of Appeal.

The legal issues involved in this appeal, though not primae impressionis are of momentous constitutional and administrative importance. They involve a determination of the scope of the observance of the well settled concept of fair hearing where a statutory body is called upon to exercise its statutory powers in enforcing the recommendations of an investigative tribunal. Also involved is the determination of how a statutory body is to exercise its enabling disciplinary powers in respect of a witness to an investigating panel found guilty on the recommendation of the panel. The appeal also raises the question whether a person whose employment is statutorily protected, can by taking a benefit arising from a purported termination of his service; cure the invalidity in the termination of his contract.

The Facts:

Appellant is the Deputy Registrar of the respondent College of Technology. In a letter dated 29th October, 1985 he was compulsorily retired from the service of the respondent. The letter, subject matter of this proceedings is reproduced below.

“YABA COLLEGE OF TECHNOLOGY

P.M.B. 2011 YABA, NIGERIA

Telephone: Lagos 800160-1-2-3-4

Telegrams: Tekinst, Yaba.

Our Ref: Your Ref:

29th October, 1985

Deputy Registrar,

(Mr. A.O. Adeniyi)

Yaba College of Technology,