Mr. Isa A. Saibu V. Kwara State Polytechnic, Ilorin (2008)

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HELEN MORONKEJI OGUNWUMIJU, J.C.A.

This is an appeal against the judgment of the Kwara State High Court of Justice sitting at Ilorin presided over by Honourable Justice M. O. Adewara delivered on 28th February, 2007 wherein the trial High Court found for the Defendant/Respondent and dismissed the case of the Claimant/Appellant in its entirety.

Being dissatisfied with the judgment of the trial court, the Claimant/Appellant appealed to this Court against the said judgment.

The facts which led to this appeal are as stated below:

The Appellant was offered a provisional appointment as a Senior Lecturer with the Respondent – Kwara State Polytechnic on 15th November, 1987. The appointment was normalized on 13th December, 1988 and confirmed on 2nd October, 1989. Exhibits 1, 2, 3 and 4 are the letters of appointment, normalization, acceptance and confirmation of the appointment. Thereafter the Appellant had served the Respondent in diverse capacities and earned promotions the last of which was his promotion to the status of a Chief Lecturer on 30th May 2003. Exhibits 5 to 8 are relevant in this regard. The Appellant was elected a Fellow of the Chartered Institute of Bankers of Nigeria (FCIB) in 1983. He has also been a resource person to the National Board for Technical Education in Nigeria for more than ten years as attested to by Exhibits 9 and 10.

The Respondent on 13th May, 2004 requested the Appellant to submit his previous working experience since October, 1970 and the Appellant did. The Respondent subsequently directed the Appellant to appear before her Council’s Disciplinary Committee to face some undisclosed disciplinary charges after exchange of correspondence on the issue of his previous working experience.

On 21st June, 2004 the Appellant claimed he did not actually appear before the Disciplinary Committee and so he was given another invitation letter to appear on the 25th June 2004.

The Appellant claimed that he took ill and could not honour the appointment of 25th June, 2004. He filed Exhibits 16, 17 & 18 in proof that his illness was not unknown to the Respondent as the Appellant processed and obtained sick leave to be absent from work between 23rd and 29th June, 2004.

However, the Governing Council of the Respondent held a meeting on 28th June, 2004 and approved that the Appellant be compulsorily retired from the service of the Respondent due to “his inability to provide satisfactory explanations on the circumstances of the termination of his appointment with his former place of work”. The letter of compulsory retirement is dated 23rd July 2004 – Exhibit 20. The Appellant wrote to the Council an appeal which yielded no result. The Appellant as Claimant instituted this action at the lower court vide the origination summons filed on 20th October, 2004.

The claims therein are set out below:

“Let the Defendant being in Ilorin, Kwara State of Nigeria within Eight days after service cause an appearance to be entered for it to this Summons which is issued upon the application of the Plaintiff who, until his purported compulsory retirement from the service of the Defendant was Chief Lecturer in the Department of Banking and Finance Kwara State Polytechnic Ilorin for the determination of the following questions:

(1) Whether the Defendant through its Governing Council is justified to purport to have compulsorily retired the Plaintiff from its service upon the reason/ground stated in its letter dated 23/7/2004.

(2) Whether given the circumstances under which or which led to the purported compulsory retirement of the Plaintiff the Plaintiff has not been denied fair hearing by the Defendant.

(3) Whether the alleged compulsory retirement was done in accordance with the Regulations and Conditions of Service of the Defendant.