Mr. I. O. Adefemiwa V. Osun State College of Education, Ilesa (2007)

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AMINA ADAMU AUGIE J.C.A.

The Appellant was a member of the academic staff of the Respondent, an educational institution established by the Oyo State College of Education Law Cap 82 Laws of Oyo State 1978, which upon the creation of Osun State in 1991 became known as Osun State College of Education. He started off with a temporary appointment as lecturer III in August 1982, which became permanent with effect from 13th September 1982, and his promotion to lecturer II was confirmed with effect from 12th September 1984, however this was short-lived as he was dismissed from the employment of the Respondent with a letter dated 29th October 1986, and signed by one “A. I. O. Ayeni, Registrar (Secretary to Council)”. The last paragraph of the letter reads-

“For the foregoing proven cases of gross professional misconduct which included victimization of female students, disrespect to the constituted authority and tearing of the students’ continuous assessment papers, the Governing Council of the College, after considering the Report of the Appointment, Promotions and Disciplinary Committee has directed that you should be dismissed from the service of the college for gross professional misconduct, with immediate effect. You should therefore handover all the College properties in your possession – -“. (Italics mine)

Aggrieved, the Appellant fried an action at the Ilesa High Court of Osun State wherein he claimed for – a Declaration that his dismissal was unlawful, null and void; an order re-instating him in the service of the Respondent; and an order that he be paid all his salaries, allowances, and/or emoluments, etc. ,

At the trial that ensued, the Appellant testified and tendered 18 Exhibits while the Respondent called two witnesses, thereafter counsel addressed the Court.

In his Judgment delivered on the 18th of May 2000, Babalola, J. found that the Appellant’s employment was tinged with statutory flavour and held –

“From the totality of the evidence before me and contents on each of the document, I believe the evidence of the Plaintiff and I find as a fact that the Defendant failed to comply with the provisions of Amended Oyo College of Education Law – – 1978. Exhibit P4 was issued in full disregard and fragrance violation of section 23 (1) (a) of the law”.

The learned trial Judge further held as follows at p. 97 of the Record, that-

“- – The dismissal of the Plaintiff from the then Oyo State college of Education, now Osun State College of Education vide letter Ref. No. OYSCE/LE/R/R0/17/VOL.IV/245 dated 29th October 1986 signed by one Mr. A.I.O. Ayeni is hereby declared unlawful null and void”.

On the prayer for re-instatement, the learned trial Judge held @ P. 98-

”I will decline to grant this declaration, which will amount to a grant of specific performance of services. And my refusal to do so is supported by the case of UNION BANK LTD Vs CHUKWULO CHARLES OGBOH (1991) 1 NWLR (pt 167) 369 – —

Having declared that his dismissal to be null and void I will later considered his relief founded in damages. Leg II of his claim therefore fails and it is accordingly dismissed”.

The lower Court also dismissed the Appellant’s claim for “all his salaries, allowances, and/or emoluments from October 1986 to the date of Judgment”, Dissatisfied, the Appellant appealed to this Court with a Notice of Appeal containing three Grounds of Appeal, which complain against the lower Court’s decision regarding the claims for re-instatement and payment of entitlements.

In line with the Rules of this Court, briefs of arguments were duly filed and exchanged, and the Appellant formulated one Issue for Determination in his brief prepared by O. A. Orewale, Esq., which was adopted by the Respondent in its own brief settled by L. A. Disu, Esq. The Issue formulated is as follows-