E.A. Emuze V The Vice Chancellor, University Of Benin (2003)

LAWGLOBAL HUB Lead Judgment Report

D.O. EDOZIE. JSC

This appeal deals with wrongful termination and raises the vexed question as to whether the Head of State in exercising his power as the Visitor of the University of Benin can lawfully terminate the appointment of an employee of the University pursuant to Decree No. 17 of 1984, now known as Public Officers (Special Provisions), Act Cap 381 Volume 21, Laws of the Federation 1990, (Act for short)

The Appellant, E.A. Emuze was on 14th September, 1970 appointed by the University of Benin, the 2nd Respondent, as Executive Officer Accounts and in 1974, he rose to the post of Accountant. Thereafter, in 1977 he was deployed to the Internal Audit Department as a Principal Accountant. He remained in that department until 1987 when the Head of State, who was also the Visitor to the University set up a Visitation Panel to look into the affairs of the University between 1975 and 1985. On the completion of its assignment, The Visitation Panel submitted its report to the Visitor who thereafter issued a White Paper containing in paragraphs 28 and 29 thereof a directive to the Governing Council of the University to the following effect:-

“28. Recommendation:-

As early as possible, the Council should seek expert guidance for the purpose of ensuring that things are put right in the Internal Auditing aspect of the University operation.

Comment:-

The Visitor noted the serious indictment of the Internal Audit Department of the University and directs that all efforts should be made to put things right. As a first step, the Governing Council of the University is directed to terminate the appointment of the Chief internal Auditor, Mr. E.A. Emuze.”

In the implementation of the above directive, the Acting Registrar and Secretary of the Governing Council of the University, Mr. R.A. Williams addressed a letter No. REG/RO/C/38/199 of 20th May, 1987 to the Appellant terminating his appointment. The letter reads as follows:

“REG/R0/C/38/199

20th May, 1987

Mr. E.A. Emuze,

Internal Audit,

University of Benin,

Benin City.