Professor Shuib Oba Abdul-raheem & Ors. V. Dr. Taiwo Oloruntoba-oju (2006)

LawGlobal-Hub Lead Judgment Report

MUNTAKA-COOMASSIE, J.C.A.

The respondents, who were the plaintiffs in the court below, claimed against the defendants/appellants in their joint amended statement of claim as follows:-

“(a) A declaration that the defendants’ letter dated 15th May, 2001 to the plaintiffs titled “cessation of appointment” purporting to terminate the plaintiffs’ appointment with the 3rd defendant is ultra-vires null and void and of no effect whatsoever.

(b) A declaration that the plaintiffs are still in the service of the 3rd defendant.

(c) A declaration that the defendants are bound to comply with the directive of the Federal Government of Nigeria to reinstate the plaintiffs as contained in the letter of National Universities Commission dated 29th June, 2001 with reference NUC/ES/261 to pro-chancellor of the 4th defendant, and the 1st defendant.

(d) A declaration that the defendants are not entitled to summarily terminate the plaintiffs’ appointment without complying with the provisions of the University of Ilorin Act, Cap. 455, Laws of the Federal and other relevant statutory as to discipline.

(e) A declaration that the purported termination of the plaintiffs’ appointment by the defendants under the guise of “cessation of appointment” or under any guise whatsoever is contrary to the provisions of the Pensions Act of Nigeria in that plaintiffs are permanent and pensionable staff of the University.

(f) A declaration that the contents of any purported letter of appointment or memorandum purportedly signed by the plaintiffs cannot override the provisions of University of Ilorin Act, Cap. 455, Laws of the Federation, 1990 regarding the nature, tenure and discipline of staff of Unilorin and all other matters connected or pertaining thereto.

(g) A declaration that the purported termination of the plaintiffs’ appointment by the defendants negates the fundamental rights provisions of the Constitution of the Federal Republic of Nigeria, 1999.

(h) An order setting aside the purported termination of plaintiffs’ appointment and nullifying the defendants’ letter to the plaintiffs in that regard.

(i) An order compelling the defendants to comply with directive of the Federal Government through the National Universities Commission dated 29th June, 2001 with reference NUC/ES/261 to the defendants to reinstate the plaintiffs.

(J) An order compelling the defendants to reinstate and/or restore the plaintiffs to their posts as lecturers in University of Ilorin with all their rights, entitlements and other perquisites of their offices. And an order compelling the defendants to pay to the plaintiffs all their salaries and allowances from February 2001 till the day of judgment and thenceforth.”

The defendants now appellants, by a motion on notice dated 27/4/2002, applied for extension of time to file their statement of defence. The motion was heard and granted on 2/5/2002. The said statement was again amended on 17/5/2003. In reply to the statement of defence dated 13/5/2002, on 2/7/2002, the defendants/appellants filed a motion on notice, praying the lower Court i.e. the Federal High Court, Ilorin, for the following:

“An order of the Honourable Court setting the preliminary objection contained in paragraph 1 of the statement of defence for hearing and dismissing and/or striking out the case on the grounds viz.: