Taiwo Oloruntora-oju & Ors V. Professor P. A. Dopamu & Ors (2002)

LawGlobal-Hub Lead Judgment Report

PATRICK IBE AMAIZU, J.C.A.

This is an appeal against the ruling of Honourable Justice J. T. Tsoho of the Federal High Court, sitting at the Ilorin Division of the Court. The ruling was delivered on the 5th day of October, 2001.

I think it is necessary for a clear understanding of the issues raised in the plaintiffs’ suit, which the lower court was called upon to decide, to state although in outline, the history of the litigation now before the court. The plaintiffs’ suit was instituted against the defendants by an originating summons. In the said suit, the plaintiffs raised ten questions for determination by the lower court. They also asked for fourteen reliefs. For reasons which will become obvious later in this judgment, I consider it necessary to reproduce the said reliefs sought by the plaintiffs. They are –

“1. A declaration that the purported appointment of the 1st defendant as the Acting dean of the Faculty of Arts of University of Ilorin by the 4th defendant by virtue of the letter to that effect addressed to the 1st defendant and signed by the 5th defendant is ultra vires, unconstitutional, illegal, unlawful, null & void and of no effect whatsoever having been made in flagrant violation of the provisions of University of Ilorin Act, Cap 455 Laws of the Federation 1999.

2. An Order nullifying and setting aside the said purported appointment of the 1st defendant as the Acting Dean of the Faculty of Arts University of Ilorin (6th defendant).
3. A declaration that:

(i) the purported appointment of the 2nd defendant as the Head of Department of linguistics in the Faculty of Arts of the 6th defendant by the 4th defendant is ultra vires, unconstitutional, null & void and of no effect whatsoever having been in flagrant violation of procedure and provisions of the University of Ilorin Act.

(iii) the 6th plaintiff is at all material times the Head of the said Department.

4. An order setting aside & nullifying the purported appointment of 2nd defendant as the Head of Department of Linguistics in the Faculty of Arts of the 6th defendant.
5. An order compelling the 4th, 5th, 6th and 7th defendants to restore the 6th plaintiff to the position of Head of Department of Linguistics in the Faculty of Arts of the University of Ilorin (6th defendant).
6. A declaration that the purported appointed of the 3rd defendant as Acting Head of Department of the performing arts in the Faculty of Arts of the University of Ilorin (6th defendant) by the 4th defendant is ultra vires, null and void and of no effect whatsoever having been made in flagrant violation of the laid down procedure in the University and the provisions of the University of Ilorin Act.
7. An order setting aside and nullifying the purported appointment of the 2nd defendant as the Head of Department of Performing Arts in the Faculty of Arts of the 6th defendant.
8. An order compelling the 4th, 6th & 7th defendants to reinstate and restore the 2nd plaintiff to the position of the Head of Department of Performing Arts in the Faculty of Arts of the 6th defendant.
9. A declaration that the arrangement or purported conduct by the defendants of degree examination without moderation and/or participation of appropriate examiners (external & internal) as provided for in the Statute of the University, that is Unilorin Act is vires, illegal, unlawful, null & void & of no effect whatsoever.
10. A declaration that it is wrongful, unlawful and unconstitutional for the defendants at the instance and/or on the instruction of the 4th defendant to prevent the plaintiffs and other member Union (ASUU) whom they represent from entering the premises or campuses of the University (6th defendant) or restricting and preventing the plaintiffs from using, operating, meeting and generally carrying out their legitimate duties and functions in the ASUU Secretariat located within the Mini – Campus of the 6th defendant.
11. An order of injunction restraining the 4th, 5th, 6th & 7th defendants whether by themselves or through their agents, privies, officers/officials by whatsoever named (sic) called or by any description from disturbing or preventing the plaintiffs and other members of their Union (ASUU) Unilorin Branch from entering the premises (campuses) of the 6th defendant.

(ii) An order of injunction restraining the 4th, 5th, 6th & 7th defendants whether by themselves or through their agents, privies, officers/officials by whatsoever named (sic) called from preventing the plaintiffs and other members of their Union from entering their offices in the University or from operating meeting and generally associating and carrying meeting and generally associating and caring out their duties and functions from the ASUU Secretariat located in the Mini campus of the 6th defendant.

12. A declaration that is wrongful and unconstitutional for the defendants to prevent and disturb the plaintiffs and their Union members from entering or gaining access into the campuses of the 6th defendant or from entering their respective offices within the said campuses of the Universities or restricting their movements in and out of the said campuses of the University.
13. An order declaring as void all actions, decisions and steps taken by the 1st, 2nd and 3rd defendants while purported to act in their respective positions since the time their purported acting appointments were made by the 4th defendant.
14. An order prohibiting the 4th, 5th, 6th and 7th defendants from taking and decisions or acting in any manner or doing anything whatsoever that will adversely affect or prejudice the plaintiffs’ appointment/employment with the 6th defendant”.

Before I go on, I observed that the named plaintiffs in the suit are all members of the University of Ilorin Chapter of the Academic Staff Union of Universities. The latter is the umbrella Union that protects the interests of the academic Staff in the Nigerian Universities.

The averments in the affidavit in support of the originating summons show that the University of Ilorin Chapter embarked on a strike in February 2001 in order to draw attention to its grievance against the administration of the 4th defendant – Professor Shuaib Oba Abdulraheem. The strike was suspended on the 1st of April, 2001 because of a national strike called by ASUU against the Federal Government. This was to enable the Chapter participate in the national strike.

When the national strike was called off and the grievances of the Chapter were not still met by the authorities, the plaintiffs filed the aforementioned suit. The defendants were served with the hearing notice of the suit. The learned counsel for the 1st – 5th defendants reacted to the notice by bringing a motion on notice paying the court for-

“(i) An order of the Honourable Court striking out this suit on the ground of lack of jurisdiction to entertain same and/or;

(ii) An order of the Honourable Court dismissing the case for being a gross abuse of the process of the Honourable Court.

(iii) An order of the Honourable Court striking out the case on the ground of misjoinder of causes of action.

(iv) And for such further or other order(s) as the Honourable Court may deem fit to make in the circumstances”.