Amos & Ors V. University of Ibadan (2002)

LawGlobal-Hub Lead Judgment Report

FRANCIS FEDODE TABAI, J.C.A.

This appeal is against the judgment of the judgment of U. T. Soba, J. of the Federal High Court Ibadan on the 6/9/99. The claim before the court contained in paragraph 13 of the Amended Statement of claim reads:

“i. A declaration that the Bulletin 1143 issued on the 2nd day of May 1994 by the defendant purporting the appointment of the plaintiffs to have lapsed immediately after the 9th day of May, 1994 is irregular, illegal, ultra vires, null and void and of no effect whatsoever.

ii. A declaration that the purported Bulletin 1143 terminating the appointment of the plaintiffs from the service on the defendant is irregular, unconstitutional, contrary to the procedure governing the plaintiffs service and of the principle of natural justice and is null and void and of no effect.

iii. An order setting aside the said Bulletin 1143 and to declare that the plaintiffs are still in the employment of the defendant and are entitled to their full remuneration and entitlements as employees of the defendant with effect from that date Bulletin 1143 (that is immediately after 9th May 1994) took effect and until judgment is delivered in this suit.

iv. A perpetual injunction restraining the defendant from terminating the plaintiffs’ appointment otherwise in accordance with the procedure governing the plaintiffs’ service with the defendant.

v. An order that the plaintiffs be immediately reinstated to their various duty posts with the defendant before the issuance of the purported Bulletin 1143.”

Pleadings were filed and exchanged. And at the end of the trial the learned trial judge on the 6/9/99 entered judgment in the following terms:-

“1. That Bulletin 1143 issued on 2nd day of May, 1994 by the defendant is not enough notice terminating the appointment of the plaintiffs from the service of the defendant therefore the termination is wrongful immediately after the deadline that is, by 9th day of May, 1994.

2. That the University of Ibadan governing Counsel the employer of the plaintiffs is competent to issue Bulletin 1143 by virtue of section 4(5) of the University of Ibadan Act and the directives issued in Bulletin 1143 are lawful, constitutional and not contrary to the principle of natural justice or fair hearing.
3. That the defendant having exercised its right to terminate the appointments of the plaintiffs, the latter entitled to damages limited to the amount which they would have earned over the period of notice that is, their full remuneration and entitlements.”

Aggrieved by the said judgment the plaintiffs/appellants appealed to this Court through the notice of appeal filed on the 22/1/99. The notice contained 8 grounds of appeal. In this Court the parties through their counsel filed and exchanged their briefs of argument. The appellants’ Brief of Argument prepared by Benjamin Ogunleye was filed on the 5/4/2001. The respondent’s Brief of Argument was prepared by Chief Ladosu Ladapo, SAN, and it was filed on the 12/11/2001.

In the appellants’ Brief of Argument, Mr. Ogunleye formulated two issues for determination as follows:-

“1. Whether the appointments of the appellants are statutorily governed and protected or not.

2. If the answer to the 1st Issue is in the affirmative whether the trial court was right in not reinstating the appellants to their respective duties in the employment of the Respondent.”

In the respondent’s Brief of Argument, Chief Ladapo, SAN, proposed only one issue for determination and that is –

“Whether the trial judge was right in holding that the relationship between the appellants and the respondent is that of master and servant and that the appellants were each entitled to a month’s notice of termination of their appointments.”