College Of Education, Ekiadolor & Ors V. J.a. Obayagbona (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of the High Court of Justice, Edo State of Nigeria, Benin Judicial Division in Suit No: – B/742/2000 – J. A. OBAYAGBONA AND COLLEGE OF EDUCATION, EKIADOLOR & 2 ORS delivered on 4th day of June, 2010 wherein Judgment was given in favour of the Plaintiff/Respondent and he was ordered to be reinstated to his position as Principal Assistant Registrar.Educational Resources

Briefly, the facts of the case are that the Plaintiff now referred to as Respondent instituted an action against the Defendants now Appellants in 1995 and claimed jointly and severally against the Defendants/Appellants as follows: –

(I) A declaration that the purported termination of the Plaintiff’s appointment as Principal Assistant Registrar (Admissions and Records) in the service of the 1st Defendant by a letter Ref No CEB/PC325/167 of 31st March 1995 signed by the 3rd Defendant is irregular, unconstitutional and in breach of the rules of natural justice and is therefore null and void and of no effect whatsoever.

(II) A declaration that the Plaintiff is still in the service on an offer of the 1st Defendant and therefore entitled to all rights, benefits and privileges (including salaries) attached to his post up to the date of Judgment.

(III) An Order of this Honourable Court that the Plaintiff be reinstated to his position as Principal Registrar by the Defendants.

OR IN THE ALTERNATIVE

The Plaintiff claims jointly and severally from the Defendants the sum of N1,587,234.39 One Million, five hundred and eighty-seven thousand, two hundred and thirty four Naira, thirty-nine kobo being the accumulation of his salaries and other allowances he would be entitled to on voluntary retirement at the age of 60 years or such damages as this Honourable Court may deem appropriate having regard to the duration or period it will take the Plaintiff to look for another employment.

At the end of the hearing at the Lower Court, Judgment was given in favour of the Respondent.

Dissatisfied with the said Judgment, the Appellants appealed to this Court.

The learned counsel for the Appellants formulated four issues for the determination of the appeal. The issues are set out as follows: –

(1) Whether from the circumstances of the case the appointment of the Respondent was properly determined in view of the Public Officers (Special Provisions Act 1984) (Encompassing Grounds I, iii, iv & v)

(2) Whether from the evidence on record, it can be said that the Respondent was denied a fair hearing (Encompassing grounds ii and vii).

(3) Whether the order of reinstatement granted by the Court was proper, taking cognisance of the peculiar facts of the case (Encompassing ground v).