Dr. Taiwo Oloruntoba-oju & Ors. V. Professor Shuaib O. Abdul-raheem & Ors (2009)

LAWGLOBAL HUB Lead Judgment Report

O. ADEKEYE, J.S.C.

This appeal emanated from the majority judgment of the Court of Appeal Ilorin, delivered on the 12th of July 2006. The 1st – 5th appellants, Dr. Taiwo Oloruntoba -Oju, Dr. A.S. Ajayi, Dr. Adeyinka Banwo, Dr. Sola Ademiluka and Mr. O.O. Olugbora were employed by the 3rd Respondent, the University of Ilorin, as members of the academic staff in various departments of the University.

The 1st – 4th appellants were Assistant-lecturers and the 5th appellant was a junior Research fellow. The appellants were employed on terms and conditions stated in their letters of appointment and memorandum of appointment. All the foregoing documents portrayed the appellants as senior staff of the university on permanent and pensionable appointment. A clause in the letters made their appointments subject to other conditions of service specified for such status in the University Regulations governing the senior staff conditions of service, Exhibit II before the court, and the University of Ilorin Act – Cap 455 Laws of the Federation 1990. All the foregoing documents also make provisions for the termination of appointments of the appellants. The appellants executed the memorandum of appointment at the inception of their appointment. On gleaning through the provisions of the University Senior Staff Regulations Exh. II, Regulations 1.1.3 at page one provides as follows:-

“A member of staff shall hold office on such terms and conditions of service as may be set out in any contract in writing between him and the university. Such contract being signed on behalf of the university, by the Registrar or by such other persons as may be authorised for that purpose by the university, and any such contract shall contain or be deemed to contain a provision that the terms and conditions therein specified are subject to the provisions of the Act, the statutes and Regulations of the University.”

On the 15th of May 2001, the university wrote to all the appellant’s letters of cessation of their appointments. A copy of this letter produced verbatim reads as follows:-

Dr. I. Oloruntoba – Oju

Dept. of modern European Language,

University of Ilorin

Ilorin.

Dear Dr. Oloruntoba – Oju

Cessation of Appointment

“I am to inform you that the university does not require your services any longer and, in tune with your letter of appointment Ref. No.UI/SSE/PF/1910 of 24th February 1987 and the memorandum appointment which you signed on 4th March, 1987 you will be paid three month salaries in lieu of notice.”

You will please ensure that you settle immediately any indebtedness that may be outstanding against you.”

Thank you,