University of Agriculture, Makurdi V. Grace Eleyi Jack (2000)

LawGlobal-Hub Lead Judgment Report

MANGAJI, J.C.A.

This is an appeal from the ruling of Ogbole J. sitting in the High Court of Benue State, Makurdi Judicial Division wherein he granted all the reliefs sought by the respondent as applicant in suit No MHC/749M/94 on 22nd September, 1995. The appellant as respondent felt aggrieved by the decision wherein it appealed filing six grounds of appeal in the original notice and grounds of appeal. On 17th November, 1998 however, and with the leave of this court Mr. Kondoun of counsel for the respondent at the court below amended the original grounds of appeal reducing the grounds to four. Out of the four grounds, the first three were retained from the original grounds of appeal while the fourth was an addition.

The facts giving rise to the case before the court below remain wholly undisputed. The applicant was employed by the respondent (the Federal University of Agriculture, Makurdi) on 4th June, 1990 as a Clinic attendant on the University Salary Scale USS 2 step 1 on an annual salary of N4,620.00. She resumed work there until 7/5/91 when she was transferred to the Bursary Department of the University to serve as Stores Assistant on the same salary level and conditions of service. The applicant remained in that Department until 23/9/93 when she was served with a letter of suspension and an internal inquiry was set up by the respondent to determine the involvement of the applicant in some misconduct in relation to the collection and issuance of receipts for fees and other dues from students. The Panel of Inquiry found the applicant guilty of some “misconduct” and accordingly dismissed her from service on 17/2/94.

Not satisfied with her dismissal, the applicant filed an application under the Fundamental Rights (Enforcement Procedure) Rules, 1979 seeking for the following reliefs:-

“RELIEFS SOUGHT”

(a) An order quashing letters of suspension and dismissal with Ref Nos. R/UAM/JP/1315/Vol.1/41 of 23/9/93 and R/UAM/JP/1314/Vol.1/52 of 17/2/94 as the said letters were issued to the applicant in breach of the rule of natural justice, the Federal Universities of AGRICULTURE, Decree No 48 of 1992 and the conditions of service of junior staff of the respondent.

(b) An order reinstating the applicant to her appointment with respondent prior to her purported suspension/dismissal.

(c) An order that all the benefits accrued and accruing to the applicant including salary and other allowances of the applicant be computed and paid to her within two weeks from the date this Hon. court may deem fit to make its final order.

(d) An order that the respondent or any of its agents/servants shall not harass or otherwise render the applicant incapable of performing her duties and or securing her salary, allowances and benefits accrued and or accruing to her.

(e) N50,000.00 general damages for breach of contract of employment.

ALTERNATIVELY

An order that the applicant be paid N450, 359.58k representing what the applicant could have earned in the next 33 years at N13,647.26k per annum.”

The grounds upon which the reliefs were sought were incorporated in the application and they are couched thus:-

“GROUNDS UPON WHICH RELIEFS ARE SOUGHT