Professor J. Adepoju Akinyanju V. University of Ilorin & Ors (2004)

LawGlobal-Hub Lead Judgment Report

MUNTAKA-COOMASSIE, J.C.A.

This is an appeal against the decision of the Honourable Justice Olayiwola of the Federal High Court, Ilorin Division delivered on the 22nd day of May, 2003. This suit emanates from a suit filed by the plaintiff, now appellant, pursuant to the Federal High Court (Civil Procedure) Rules, 2000, challenging the lawfulness and constitutionality of the disciplinary steps being taken by the defendants, now respondents against him.

The appellant, to be precise, in the originating summons filed before the lower court and dated 22nd day of March, 2001 formulated a sole question for determination as follows:-

“Whether the report of the 2nd defendant’s Fact Finding Ad-hoc Committee dated 23rd of January, 2001 recommending to the 2nd defendant that the plaintiff be made to face the Staff Disciplinary and Appeals Committee does not violate the rules of natural justice, whether the letter of the defendants, specifically the 2nd defendant, to the plaintiff dated 8th March, 2001 simultaneously directing him to appear before the Senior Staff Disciplinary and Appeals Committee (SDAC) to defend himself against the charges contained therein, and suspending him as a staff of the University of Ilorin is not ultra-vires (sic) the defendants, unconstitutional, illegal, null and void having regards to the provisions of sections 36(1) and 39(1) of the Constitution of the Federal Republic of Nigeria, 1999, and the provisions of the University of Ilorin Act, Cap. 455, Laws of the Federation of Nigeria, 1990, in particular sections 15 and 18 of same”.

Based on this question, the appellant, who was also the plaintiff in the lower court, claimed the following reliefs:-

“(1) A declaration that the suspension of the plaintiff from the 1st defendant and his invitation to appear before the Senior Staff Disciplinary and Appeals Committee to answer to some charges, by the 2nd defendant communicated to the plaintiff vide a letter dated 8th of March, 2001 and signed by the 7th defendant are illegal, unconstitutional, null and void as same violate the lights of the plaintiff to fair healing and freedom of expression respectively guaranteed by sections 36(1) and 39(1) of the Constitution of the Federal Republic of Nigeria, 1999.

(2) A declaration that the 2nd defendant cannot in law exercise the powers of suspension of a staff of the 1st defendant conferred on it by section 15(3) paragraphs C & D without according such staff fair hearing, a right entrenched in section 36(1) of the Constitution of the Federal Republic of Nigeria, 1999.

(3) A declaration that the said letter of suspension of the plaintiff from the 1st defendant and his invitation to appear before the Senior Staff Disciplinary and Appeals Committee of the 1st defendant to defend himself against certain charges is not in consonance with the provisions of section 15 of the University of Ilorin Act, Cap. 455, Laws of the Federation of Nigeria, 1990”.

The originating summons was supported by a 43-paragraphs affidavit. The dispute between the plaintiff and the defendants arose from a memo written by the plaintiff to the congregation of the University titled “Abuse of Human Rights and Due Process” in which he made some allegations against the defendants. Upon the receipt of the memo the 2nd defendants, the Governing Council, University of Ilorin, set up a four-man “Fact Finding Ad-hoc Committee”, herein called Committee to look into the petition and make its recommendations to the Council. The “Fact Finding Ad-hoc Committee” met during which it invited all the persons concerned, including the plaintiff who testified before the Committee. Thereafter, the Committee wrote its report and submitted same to the 2nd defendant. The report of the Committee was attached as exhibit PA3. Concerning the plaintiff, the Committee recommended to the 2nd defendant as follows:-

“In view of the findings submitted in “a – d above”, the Committee will like to make the following recommendations on Professor J. A. Akinyanju to the Council:

(1) Professor Akinyanju’s matter should be referred by University Governing Council to the Staff Disciplinary and Appeals Committee (SSD&AC) for necessary disciplinary action that may be appropriate.

(2) This Committee believes in the culture of academic freedom in the University i.e. freedom of expression, freedom of research and dissemination of knowledge etc. But we believe that this golden freedom should be used with due decorum along with other traditional cultures of the University. This would also imply the freedom and rights of fellow men within the University and the Nation at large”.

The 2nd defendant deliberated on the report and directed the plaintiff to appear before the Senior Staff Disciplinary and Appeals Committee (SSD&AC). By a letter dated 8/3/ 2000 i.e. exhibit PA4, the 7th defendant, the Registrar and Secretary to the Governing Council University of I1orin, handed over and or communicated the decision of the 2nd defendant to the plaintiff. For the purpose of clarity, it will be necessary and expedient to reproduce the said letter.

“Professor J. A. Akinyanju