Dr. S.A.O. Adegoke V. Osun State College Of Education (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

STANLEY SHENKO ALAGOA, J.C.A. (Delivering The Leading Judgment)

This is an appeal against the judgment of T. O. Awotoye J. of the High Court of Osun State holden at Ilesha in Suit No. HOS/68/2000 DR. S.A.O. ADEGOKE V. OSUN STATE COLLEGE OF EDUCATION delivered on the 5th day of October, 2005. It is perhaps necessary for the records to state that this case was filed at the Osogbo Judicial Division of the High Court where hearing was commenced by Awotoye J. and had to be continued with and determined to finality by Awotoye J. upon his transfer to Ilesha High Court. At the court below, the Appellant as Plaintiff had by paragraph 17 of the Amended Statement of Claim dated the 20th day of June, 2005 and contained at page 11 of the Record of Appeal claimed against the Respondent as Defendant as follows:-

1. A declaration that the purported retirement of the Plaintiff by the Defendant as contained in the Defendant’s letter dated 1st June, 1999 is wrongful, unconstitutional, null and void and that the Plaintiff remains an employee of the Defendant until he has attained the compulsory age of retirement or his services legally and properly dispensed with.
2. An order directing the Defendant to accord the Plaintiff all rights and privileges attached to his position as an employee of the Defendant including payment of salaries, allowances and emoluments.

Pleadings were filed and exchanged by the parties. The Appellant as Plaintiff gave evidence on his behalf while the Respondent as Defendant testified as 1st DW through one Rev. Cannon Moses Adegboyega Atoyebi, Deputy Registrar (Academic) Osun State College of Education, Ilesha. A number of Exhibits were tendered and admitted. At the conclusion of evidence, Counsel on both sides addressed court and in a considered judgment delivered on the 5th October 2005, the learned trial Judge dismissed the Plaintiff’s claim. It is this judgment that is the subject of the present appeal.

The facts of this case are that the Plaintiff turned Appellant was a Principal Lecturer with the Respondent institution. On the 2nd April, 1997 the Respondent advised the Appellant in writing to retire because it had been discovered that his date of appointment in the Public Service was the 1st February, 1962 and that his service with the Respondent should have ended on the 31st January, 1997. The Appellant wrote to the Respondent contending that the Respondent was wrong in its computation of time and the Respondent subsequently wrote to the Appellant agreeing with the Appellant’s position.

However, Respondent later wrote back to the Appellant contending that its former position that the Appellant should retire had been confirmed by Circular No. HS.6/12 of 3rd March, 1999 as a result of which the Appellant was retired hence the action in the lower court which as has been  stated was dismissed by the learned trial Judge.

Appellant’s Notice of Appeal to the Court of Appeal dated 19th January, 2006 and filed same day can be found at pages 36-38 of the Record of Appeal and consists of three grounds of Appeal which are stated hereunder devoid of particulars

GROUND ONE: ERROR IN LAW

The learned trial Judge erred in law when he held that the Plaintiff’s employment with the Defendant did not enjoy statutory flavour.

GROUND TWO: MISDIRECTION

The learned trial Judge misdirected himself when he held that the Plaintiff was only entitled to damages for wrongful retirement as his employment did not enjoy statutory flavour.

GROUND THREE:

The judgment is against the weight of evidence.

From these grounds of Appeal, the Appellant in paragraph 2.00 at pages 2 and 3 of his Brief of Argument dated the 26th June, 2008 and filed on the 3rd July, 2008 distilled the following two issues for the determination of this Court –

ISSUE (1) – Whether the Plaintiff’s employment with the defendant enjoyed statutory flavour?