Enugu State University of Science & Technology V. Institute of Journalism, Management and Education Ltd. & Anor (2008)

LawGlobal-Hub Lead Judgment Report

MOHAMMED, L. TSAMIYA, J.C.A.

This is an appeal against the Ruling of the Enugu State High Court, delivered on 12/7/2002 in suit No. E/31/2002.

The appellant as the defendant was sued by the respondent as plaintiff at the State High Court Enugu (herein referred to as the trial Court) claiming the following reliefs:

(i) A DECLARATION that based on the agreement, supported by value consideration made and existing between the Plaintiff and the Defendant, the plaintiff is entitled to use the express or expressions showing the fact of validation of the institute’s courses by the Defendant.

(ii) N100 million (One hundred million naira) damages for the injuries suffered by the Plaintiff as a result of Defendant’s persistent malicious and injurious propaganda against the Plaintiffs Institute.

(iii) AN INJUNCTION restraining the Defendant, its servants agents, members of staff, workmen, employees in whatever capacity or any person or persons working under its direction authority or supervision, from:

(a) Further spreading of any negative or injurious falsehood, PARTICULARLY from denying that it, infact, validated the course of studies of the Plaintiffs institute.

(b) Denying or prohibiting the Plaintiff from expression the fact of validation of the courses offered by the Institute by the Defendant and/or writing letters, circulars, documents to any person or persons whether within or outside Nigeria, denying the fact of validation of Plaintiffs courses and syllabuses by the Defendant.

(c) From trespassing into the premises of the Plaintiff, molesting, intimidating or disturbing the Plaintiff in any way or manner with the Institution’s subject or course of studies.

Pleadings were ordered, filed and exchanged.

The facts of the case that prompted the action are as follows.

The appellant is a creature of Enugu State Edict NO.6 of 1996. By its section 6(2), the Governor as visitor is empowered to set up visitation panel into the affairs of Appellant University. In exercise of his power, the Governor set up a visitation panel under the chairmanship of Hon. Justice Umezulike. There was public out cry about the membership of the panel and the appellant University strongly protested against the chairmanship of Hon. Justice Umezulike, who was former lecturer in the University. Despite the protest letter, Hon. Justice Umezulike continued as chairman of the said visitation panel to the end. The panel submitted its report in April 1998 to the visitor who, after considering the circumstances surrounding the Report and in particular the fact that the chairman was a former staff of the University, rejected the report in it’s entirely. As a result of the recommendation made by the visitation panel, the respondent took the present action before the same Judge who was the chairman of the said visitation panel.

In the pleadings filed and exchanged between the parties, all the facts that will enable the trial judge disqualify himself were pleaded and the disqualifying factors were known to the trial judge. As the case progressed there was the expectation that on his own, without any formal application should conform to the Rules of professional conduct and disqualify himself having regards to the circumstances contained therein. This expectation never materialized, and when it became obvious that he was bent on proceeding with the case as if nothing had happened or pretending that he knew nothing about, and out of desperation to obtain justice, a formal application was filed in his court. Yet the trial judge refused to transfer the case to another court. There are more than fifteen judges in the Enugu Judicial Division alone. The applicant’s/appellant’s application was refused and dismissed.

It is against his ruling, refusing to transfer the case that the appellant have appealed to this court on four grounds of appeal as contained in the Notice and Grounds of appeal.