Prof. Vincent Nnamdi Okwuosa V. Professor N. E. Gomwalk & Ors (2017)

LAWGLOBAL HUB Lead Judgment Report

EJEMBI EKO, J.S.C.

This appeal is against the decision of the Court of Appeal, Jos Division in which the judgment of the High Court of Justice of Plateau State, sitting at Jos (per A. Ahinche, J.) delivered on 5th July, 1996 in the suit No. PLD/3624/94 was set aside and struck out. The Appellant herein was the plaintiff in the said No. PLD/3624/94 wherein he claimed against the Respondents, as the defendants, jointly and severally –

“1. A declaration that he was properly appointed a professor in the Department of Zoology of the University of Jos.

2. A declaration that the said appointment was approved by the Appointment and Promotions Committee of the 20th Defendant at its 89th Meeting held on the 4th and 5th days of July, 1994 under the Chairmanship of Professor Gomwalk, the Vice-Chancellor of the University of Jos.
3. An order restraining the Defendants either by themselves or their agents or successors or privies from forcing the Plaintiff to any assessment or in any way interfering with his appointment as a Professor in the Department of Zoology of the University of Jos with special

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reference to the assessment.”

The Appellant was employed as a Lecturer in the Department of Zoology of the University of Jos in 1979. He rose to the rank of Senior Lecturer. He then proceeded to Ahmadu Bello University, Zaria, on sabbatical and at the end of the sabbatical returned to University of Jos in 1991. He later applied to Ahmadu Bello University, Zaria, to be appointed as a professor in the Faculty of Natural Sciences. He was offered the appointment by the Ahmadu Bello University. Thereafter, he submitted his letter of resignation to the University of Jos, citing as reason the fact that Ahmadu Bello University, Zaria, had appointed him a professor. University of Jos (the 20th Respondent), on verifying and confirming this information, appointed the Appellant in their Faculty of Natural Sciences on the same terms and conditions as offered by Ahmadu Bello University, Zaria. The Appellant accepted the offer from University of Jos and thereafter withdrew, with apologies, his letter of acceptance to Ahmadu Bello University, Zaria, in respect of their earlier offer. He then formally accepted the professorial Chair of the University of Jos. He

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later became the Dean of the Faculty of Natural Sciences of University of Jos. He held the deanship for the two year term and thereafter reverted to his position of a professor. On 12th October, 1994, the Appellant got a letter from the authorities of University of Jos, wherein he was required to submit his papers for assessment and promotion to the position of a Professor – a position he had held and enjoyed for over two years. He protested. The University was adamant and insisted that he must submit his papers for fresh assessment. It was at this point that the Appellant proceeded to the High Court of Plateau State for redress on the 3 reliefs aforestated. The High Court ruled in his favour. Dissatisfied, the Respondent appealed to the Court of Appeal, Jos. They were the Appellants in the appeal No. CA/J/278/98 in that Court.

On 29th April, 2003, judgment in the said appeal was entered in favour of the Respondents herein. The judgment of Plateau State High Court was consequentially set aside and struck out.

At hearing of the appeal No. CA/J/278/98 the Appellant herein, as the respondent, had raised in his brief of argument a preliminary

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objection predicated on the ground that the Notice of Appeal, dated and filed on 29th August, 1996 that activated the said appeal was fundamentally defective and incompetent, having been filed, settled or signed by some persons –

“Miskom Puepet & Co.

(Defendants/Appellant’s Solicitors)