University of Ilorin V. Mr. A. I. Adeniran (2006)

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HELEN MORONKEJI OGUNWUMIJU, J.C.A.

This is an appeal against the judgment of Hon. Justice S. D, Kawu of the Kwara State High Court sitting at Ilorin delivered on the 30th day of July 2004.

The Respondent was the Bursar of the University and thus a principal officer of the institution. The Respondent’s appointment was terminated by the Appellant on the 28th day of February 1985. The Respondent did not protest at the time. He accepted six months salary in lieu of notice. He also accepted other entitlements such as leave grants and leave bonuses paid to him on his termination by the Appellant. He thereafter took up appointment as an accountant with Messrs Oyamoye & Co” a firm of Chartered Accounts.

On the 26/2/1991, six years less two days after the Respondent’s appointment was terminated, the Respondent filed an action before the High Court of Kwara State sitting at Ilorin. The Respondent asked for the following reliefs as contained in paragraph 30 of his Amended Statement of Claim dated 27/10/1992:

‘Whereof the Plaintiffs claim is for:

(1) A declaration that the termination of the Plaintiffs appointment with the Defendant vide a letter Reference No. UI/SSE/PF/866 of 28th February, 1985 “due to poor performance of assigned responsibilities’ without giving him an opportunity to defend himself against the allegations contrary to the provisions of the University of Ilorin Decree, 1979 and Section 33 of the Constitution of the Federal Republic of Nigeria 1979 and it is therefore illegal, unlawful, unconstitutional, null and void and of no effect.

(2) (A) A declaration that the employment of the Plaintiff with the Defendant as Bursar is still subsisting and that the Plaintiff is entitled to all his emoluments from 28th February, 1985 to the date of judgment in this case, or in the alternative

(B) (i) an award of the sum of N430,856.00 being the emoluments to which the Plaintiff is entitled from 28th February, 1985 when his appointment was purportedly terminated and 30th November 1999 when he is due for compulsory retirement, excluding the six months salary in lieu of notice paid at the time of the purported termination of appointment and tax due on the said emoluments; and

(ii) an order that the Defendant shall pay to the Plaintiff the appropriate gratuity and pension as and when due.”

In elaboration of his claim, the Plaintiff filed a 30 paragraph further Amended Statement of Claim while the Defendant filed a 41 paragraph further Amended Statement of Defence.

In support of his claim, the Plaintiff gave evidence on oath and tendered thirteen (13) exhibits while the Defendant in opposition to the claim called three (3) witnesses and tendered thirteen (13) exhibits.

The Hon. Judge delivered a considered judgment in the Suit on 30/7/2004. The learned trial judge found in favour of the Respondent at the lower court. He awarded him the sum of N969,722.00k as arrears of salary; gratuity in the sum of N192,287.00k;, pension in the sum of N4,398.24k per month from 1st October 1999.

The Appellant has appealed against the said judgment and orders of the learned trial judge.

The Appellant filed notice of appeal dated 16/8/2004 and filed on 17/8/2004. Leave was granted by this Court on 22/6/2005 for the Appellant to file additional grounds of appeal and to argue new issues not raised at the trial court. He raised therein the issue of the jurisdiction of the court vis-a-vis the Statute of Limitation Act and the jurisdictional competence of the lower court.