University Of Calabar V. Dr. Okon J. Essien (1996)

LAWGLOBAL HUB Lead Judgment Report

OGUNDARE, J.S.C.

Dr. Okon J. Essien (hereinafter is referred to as the plaintiff) was a lecturer in the Department of Economics of the University of Nigeria, Nsukka, Calabar Campus from October 1974. On the establishment of the University of Calabar, in 1976, he opted to transfer his services to the latter University.

The transfer of service took effect on 1st July 1976. He acted for a while as head of the Department of Economics, a position he vacated on 17/8/76. Soon things fell apart. On 27/8/76 he lodged a complaint with the Public Complaints Commission, Calabar about alleged wrongdoings going on in the University.

Not satisfied with the pace the Commission was handling his complaint he, on 12/12/77, issued a 6 page press release to all news media titled “Irregularities in the Administration of the University of Calabar” and the same was carried in the Nigeria Herald of January 6, 1978. In news media titled “Irregularities in the Administration of the University of Calabar” and the same was carried in the Nigeria Herald of January 6, 1978. In it he called on the Federal Government to order a judicial enquiry into the administration of the University.

The press release came to the notice of the Vice Chancellor of the University on 23/12/77 and the latter by a letter dated 23rd December 1977 called on the plaintiff to show cause not later than 31/12/77 why disciplinary action should not be taken against him for contravening the directive in a University circular of 10th November 1976 which defined the procedure for chanelling of grievances and forbade resort to “persons and bodies outside the University without first giving the legitimate university authorities the opportunity to look into their grievances.”

The plaintiff replied to the Vice Chancellor’s letter and because of the language of his reply the Vice Chancellor by his letter dated 9th January 1978 suspended him from duty without pay pending the determination of his matter by the Council of the University. The plaintiff by a letter dated January 23, 1978 and addressed to the Chairman of Council petitioned against the Vice Chancellor’s decision to suspend him.

The Council met and set up an ad hoc committee of council to look into plaintiff’s allegations of irregularities in the administration of the university. He was invited to appear before the Committee to substantiate his allegations. He appeared before the committee and was given a hearing to air his grievances. He even cross-examined the Vice-Chancellor who also testified. The Committee reported its findings to the Council which met to consider the report and in consequence of the decision reached by council a letter dated March 23, 1978 was addressed to the plaintiff conveying the decision of council to him. The penultimate paragraph of the letter reads.

“In consideration of the report against you, council has found that you are guilty of acts prejudicial to good order and discipline in the University. In order to put a stop to indiscipline, council has decided as follows:

1. You will remain on suspension for three months on half pay with effect from 9th January, 1978 when you were placed on suspension on the orders of the Vice-Chancellor. You will report back to your Head of Department on 9th April, 1978 for your assignments.
2. You will immediately withdraw in writing your letter to the Vice-Chancellor, Professor E.A. Ayandele and apologise to him satisfactorily for your acts of gross disrespect and indiscipline. Copies of your letter withdrawing your allegations and of your apology to the Vice-Chancellor must be circulated to the various persons and the news media to whom you had sent your original letter. Evidence of your compliance with this instruction must be submitted to the Secretary to Council within seven days of your receipt of this letter.”

Rather than withdraw his offensive letter and apologise to the Vice-Chancellor as directed in the said letter, plaintiff on 12/4/78 instituted the action leading to this appeal claiming, as per paragraph 23 of his amended statement of claim:-

23. The Plaintiff therefore claims from the defendant general and special damages amounting to N828,522.00.

PARTICULARS OF SPECIAL DAMAGE

1. Unpaid salary for the period January, 1978 to June, 1978 …………… N3,492.00
2. Loss of salary for 20 years from July, 1978 to December 1998 ……… N136,188.00
3. Loss of Rent subsidy for 20 years ………………….. N116, 100.00
4. Medical Benefit for 20 years at N2,000.00 per year. …….. N40,000.00
5. Loss of car allowance for 20 years at N600.00 per year ……….. NI2,000.00
6. Loss of Research grant at N4,000.00 a year for 20 years ………….. N80,000.00
7. Loss of conference fund at N2,000.00 a year for 20 years ……………. N40,000.00
8. One year’s leave entitlement and allowance …………………… N742.00

428,522.00

General damages 400,000.00

828,522.00

(1) The plaintiff therefore claims the said sum of N828 .522.00.