Professor Mvendaga Jibo V. Ministry of Education & Ors (2016)

LawGlobal-Hub Lead Judgment Report

FREDRICK OZIAKPONO  OHO, J.C.A. 

This is an Appeal against the decision of the Federal High Court sitting at Umuahia presided over by F. A. OLUBANJO, J in a ruling delivered on the 29th day of October, 2013 dismissing the Appellant’s case for being statute barred by virtue of the Public Officers’ Protection Act. The Plaintiff took out this action on 5th November, 2012 claiming against the Defendants jointly and severally whereupon he at paragraph 49 as follows:

1. A DECLARATION that the purported dissolution of the Governing Council of the Michael Okpara University of Agriculture, Umudike chaired by the Plaintiff by the 4th Defendant upon the advice of the 1st Defendant on 19th October, 2011 is unconstitutional, illegal, capricious, oppressive, mala fide, ultra-vires the powers of the 4th Defendant and in reckless disregard of the enabling Act, the Universities (Miscellaneous Provisions) Act 1993 (as amended) and the White Paper which did not approve the recommendation for the removal of the Plaintiff but only noted it and is therefore null and void and of no effect whatsoever.

1

2. A DECLARATION that the Plaintiff is still the Chairman of the Governing Council of the Michael Okpara University of Agriculture Umudike, Abia State, having not been officially notified in writing of any dissolution of the Council by the Visitor as required by law, Federal Civil Service Rules and Practice.
3. A DECALARATION that the tenure of the Governing Council of the Michael Okpara University of Agriculture, Umudike which the Plaintiff is the Chairman, and which tenure is for a four year period is still subsisting having commenced from February, 2009 and shall only elapse on 19th February, 2013 as prescribed by the Enabling Act, The Universities (Miscellaneous Provisions) Act, 1993 as amended.
4. A DECLARATION that the appointment of the Visitation Panel comprising the 5th to 11 Defendants by the 1st and 2nd Defendants on behalf of the 4th Defendant on 14th February, 2011 was whimsical, mala fide, with the sole aim of witch hunting the Plaintiff and therefore illegal and unconstitutional and in total disregard to the enabling Act which stipulates that a Visitation Panel shall be empanelled every five years, having being misled by the 2nd

2

Defendant.
5.A DECLARATION that the visitation panel comprising the 5th to 11th Defendant acted mala fide and under corrupt influence and was therefore biased in its findings and recommendations by singling out the Plaintiff from 20 members of the Governing Council and Principal Officers of the 3rd Defendant to recommend his removal on the ground of management style and not on the ground of corruption and incompetence, which is the only valid ground that a Chairman of Council can be removed under the enabling Act.
6. A DECLARATION that the Visitation Panel comprising the 5th to 11th Defendants and appointed by the 1st, 2nd and 4th Defendants was wrong to indict the Plaintiff for allegedly opting to stay in a hotel instead of the Pro-Chancellor?s Lodge, when available records shows that the Plaintiff stayed in the hotel based on the advice of the 3rd Defendant that the lodge was not safe due to the rampant cases of kidnappings and armed robbery in Abia State and in any case, the Plaintiff paid for the hotel from his pocket at an expense greater than his statutory Duty Tour Allowance which he as legally entitled to.
7. A DECLARATION that the

3

Visitation Panel comprising the 5th to 11th Defendants and appointed by the 1st, 2nd and 4th Defendants lacked the legal and moral justification to indict the Plaintiff for allegedly opting to stay in a hotel instead of the Pro-Chancellor?s Lodge, when available records showed that the panel corruptly collected the sum of N3,846,682.00 (Three Million, Eight Hundred and Forty Six Thousand, Six Hundred and Eight Two Naira) for feeding and accommodation from the 3 Defendant after same was already catered for the 2nd Defendant which fact was brought to the attention of the 1st Defendant by the Governing Council of the 3rd Defendant University.
8. A DECLARATION that the Visitation Panel comprising the 5th to 11th Defendants and appointed by the 1st, 2nd and 4th Defendant abused and acted outside their mandate, which was to conduct visitation into the affairs of the 3rd Defendant from 2004 ? 2010, by whimsically and capriciously expanding their scope of authority without prior lawful authorization of the appointing authority thereby delving into matters that took place in 2011 and therefore lacked the vires to make any findings, observations and

4

recommendations on such matters.
9. A DECLARATION that any findings, observations and recommendations made by the 5th ? 11th Defendant in respect of matters outside the scope of their authority and mandate, any comments and consequential action by the 1st and 4th Defendants built on such abuse of mandate as illegal, null and void and of no effect whatsoever.
10. A DECLARATION that the Governing Council of the 3rd Defendant is not a Board, Parastatal or Extra Ministerial Department but a body created by statute with a fixed term of four years and cannot be dissolved in the manner the 1st Defendant did by a blanket announcement of dissolut8ion of Board and Parastatals.
11. AN ORDER of the Honourable Court setting aside the purported dissolution of the Governing Council of the 3rd Defendant, Michael Okpara University of Agriculture, Umudike by the 1st, 2nd and 4th Defendants and restoring the Plaintiff to his position as the Chairman of the Council and directing that his allowances and emoluments from the time of the purported dissolution on 19th October, 2011, be paid in full up to the time judgment is entered.
12. The sum of Five

5

Hundred Million Naira (N500,000,000.00) exemplary and aggravated damages.
The Plaintiff also made claims in the alternative as follows;
CLAIMS MADE IN THE ALTERNATIVE;
a. The sum of Four Million, Six Hundred and Forty Thousand, Forty-Three Naira and Seventeen Kobo, (N4,640,043.17) being Special Damages for illegally and unlawfully interfering with the tenure of the Plaintiff as the Pro-Chancellor and Chairman of the Governing Council of the Michael Okpara University of Agriculture Umudike.
b. The sum of Five Hundred Million Naira (N500,000,000.00) exemplary and aggravated damages.
c. The cost of filing and prosecution this action, including filing, legal and solicitors? fees.

Upon being served with the Plaintiff?s processes the 2nd, 5th-11th Respondents/Defendants on 28-2-2013 filed a Notice of Preliminary Objection on the ground that the Plaintiff?s claim was statute barred and also that the Lower Court lacked the jurisdiction to entertain the matter which they contended is a Labour or Industrial dispute. See the motion at pages 514 to 528 of the records. In opposition of the grant of the Notice of Objection,