Federal University Of Technology Akure V. Dr R.A. Osemenam (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HON. JUSTICE MOORE A.A. ADUMEIN, J.C.A. (Delivering the Leading Judgment)

The facts of this case are simple. The respondent – Dr. R.A. Osemenam was employed by the appellant – Federal University of Technology, Akure, as a lecturer in October, 1988. The respondent served the appellant and was promoted several times until he became the Acting Head of Department of Mining Engineering of the appellant University between 2000 and 2002. However, by a letter admitted by the lower court as exhibit P16, the respondent was dismissed on the 27th day of November, 2003.

The respondent, naturally, was not happy with his dismissal by the appellant and he filed a suit challenging the action of the appellant. The respondent filed a writ of summons together with a statement of claim in the Akure Division of the Federal High Court on the 3rd day of December, 2003. In paragraph 40 of his statement of claim, the respondent sought the following prayers, namely:

a. DECLARATION that the Plaintiff’s purported dismissal from the employment of the Federation (sic) University of Technology, Akure by a Letter dated the 27th day November, 2003 is null and void unconstitutional and of no effect.

b. A DECLARATION that the Plaintiff is still in the employment of the Federal University of Technology, Akure.

c. AN ORDER directing the Defendant to reinstate the Plaintiff to his status as a Senior Lecturer without prejudice to his entitlements and promotions which might have accrued to him during the period of his purported dismissal.

d. AN INJUNCTION restraining the Defendant from further interfering with the Plaintiff’s performance of his duties as a senior Lecturer in the Federal University of Technology, Akure.

After series of interlocutory motions (Pages 7 – 25 of the record of appeal) the appellant, as defendant in the court below, filed a statement of defence of 39 paragraphs (pages 26 – 31 of the record of appeal). The respondent’s reply to the appellant’s statement of defence spans pages 32 – 34 of the record of appeal.

The case in the lower court proceeded to trial and after hearing the parties and their witnesses and the addresses of learned lawyers for the parties, the trial court delivered a considered judgment on the 20th day of September, 2004. The judgment of the trial court is at pages 130 to 149 of the record of appeal. In his judgment, the learned trial judge, HON. JUSTICE LAMBO J. AKANBI granted the respondent’s prayers. (Page 149 of the record of appeal)

The appellant was dissatisfied with the judgment of the lower court and he appealed to this Court on the following three (3) grounds, weeded of their particulars, namely:

Ground 1:

The learned Judge of the Federal High court erred in Law when His Lordship held that the allegations over which appellant sought to investigate by inviting respondent to make representation thereon id est;

(i) That during the tenure of respondent as head of Department of Mining Engineering in 2000/2001 session, one Mr. V. Igenuma was arbitrarily scored 70% A, in a course MEE 207 even when Igenuma did not submit script to the invigilator and;

(ii) That respondent submitted during 2000/2001 academic Session, multiple results in three courses namely MNE 203, MNE 301 and MNE 405 for one Mr. Umweni Matthew a student with Matriculation No. PHY/95/6820 is criminal allegations and therefore appellant had no power to deal with it but the Court.