Prof. B. J. Olufeagba & Ors V. Prof. S.o. Abdul – Raheem & Ors (2009)

LAWGLOBAL HUB Lead Judgment Report

A. FABIYI, J.S.C

This is an appeal against the majority judgment of the. Court of Appeal, Ilorin Division handed out on 12th July, 2006 in which it reversed and set aside the judgment of Olayiwola, J. of the Federal High Court, Ilorin delivered on 16th July, 2005.

In paragraph 21 of the statement of claim, the appellants herein, as plaintiffs at the trial court, claimed against the respondents herein as defendants thereat as follows:-

“21. WHEREOF the plaintiffs’ claim against the defendants are as follows:-

(a) A declaration that the defendants’ letter dated 22nd May, 2001 to the plaintiffs titled ‘Cessation of Appointment’ purporting to terminate the plaintiffs’ appointment with the 3rd defendant is ultra-vires, null and void and of no effect whatsoever.

(b) A declaration that the plaintiffs are still in the service of the 3rd defendant.

(c) A declaration that the defendants are bound to comply with directive of Federal Government of Nigeria to reinstate the plaintiffs as contained in the letter of National Universities Commission dated 29th June, 2001 with reference NUC/ES/261 to the pro-chancellor of the 4th defendant and the 1st defendant.

(d) A declaration that the defendants are not entitled to summarily terminate the plaintiffs’ appointment without complying with the provisions of the University of Ilorin Act Cap. 455 Laws of the Federation and other relevant statutes.

(e) A declaration that the purported termination of the plaintiffs’ appointment by the defendants under

the guise of ‘Cessation of Appointment’ or under any guise whatsoever is contrary to the provisions of the Pensions Act of Nigeria in that plaintiffs are permanent and pensionable staff of the University.

(f) A declaration that the contents of any purported letter of appointment or memorandum purportedly signed by the plaintiffs cannot override the provisions of University of Ilorin Act Cap. 455 Laws of the Federation 1990 regarding the nature, tenure and discipline of staff of Unilorin and all other matters connected or pertaining thereto.

(g) A declaration that the purported termination of plaintiffs’ appointment by the defendants negates the fundamental rights provisions of the Constitution of the Federal Republic of Nigeria 1999.

(h) An order compelling the defendants to comply with directive of the Federal Government through the National Universities Commission dated 29th June, 2001 with reference NUC/ES/261 to the defendants to reinstate the plaintiffs.

(i) An order compelling the defendants to reinstate and/or restore the plaintiffs to their posts in University of Ilorin with all their rights, entitlements and other perquisites of their offices. And an order compelling the defendants to pay to the plaintiffs all their salaries and allowances from February, 2001 till the day of judgment and thenceforth.”