Cyril O. Osakue V. Federal College of Education (Tech) Asaba & Ors. (2002)

LawGlobal-Hub Lead Judgment Report

AKAAHS, J.C.A.

The plaintiff who holds N.C.E., B.ED and M.ED qualifications was employed as a senior lecturer at the 1st defendant’s College of Education in 1987 through exhibit “B” which reads:

“FEDERAL COLLEGE OF EDUCATION (TECHNICAL) P.M.B.1044 Asaba. Bendel State – Nigeria.

Our Ref. FCE (T) PROV. 5/9 Date September 29, 1987.

Mr. C.O. Osakue College of Education, Warri.

Offer of Appointment:

With reference to your application and the subsequent interview you attended from 12th – 14th August, 1987, for the post of Senior Lecturer (Educational Psychology) in this College, I am pleased to inform you that you are successful and that the Honourable Minister of Education has approved your appointment to the post of Senior Lecturer on Grade Level 13 Step 1 with effect from the day you assume duty. You are to teach courses in your area of specialization and Carry out other duties that may be assigned to you from time to time.

2. You are to formally accept this offer of appointment in the next one week, and report to the Provost for duty in the next one month, or earlier from the date of this letter.
3. Please note that this appointment requires that you present yourself to a Government Medical doctor for a certificate of fitness before assumption of duty.
4. This offer of appointment shall, however, be deemed to have been rejected by you if you do not resume duty two months from the date of this letter. Also, you may transfer your service to this college if you are already in a scheduled service.
5. Please accept my congratulations. Signed: DR. F. U. ULINFUN (PROVOST)

Federal College of Education (Technical) Asaba”.

The plaintiff accepted the offer and resumed work with the 1st defendant on 23rd November, 1987 (See exhibit 13). The plaintiff was assigned first as Acting Dean of the School of Education from 1987-89 and secondly, as Head of Department of Education from September – December, 1989. The School Authorities were not satisfied with his performance and so he was removed and replaced by Dr. Akinmoyewa and Compah – Keyeke to the two posts respectively. The relationship between the plaintiff and his immediate successors became strained. The strained relationship also extended to the 2nd defendant. This is the genesis of the crisis which culminated in the termination of the plaintiff’s appointment after he had refused to resign the said appointment when requested to do so by the Senior Management Committee of the College. There were series of communications between the plaintiff and the College Authorities with the plaintiff accusing the latter of witch-hunting. Series of queries were issued to the plaintiff. In answer to some of these queries, the plaintiff revealed that he had secured admission into the University of Benin where he was pursuing a Ph.D. programme. When the College Authorities confirmed that he had embarked upon a full-time post-graduate (Ph.D.) programme without permission, a Management Committee met to consider the report that investigated the incident and other acts of insubordination and he was served with a query. At the same time he was requested to appear before the Management Committee. The letter of query and invitation dated 7th March, 1990 and admitted as exhibit “S” states:-

“Our Ref: FCE(T) AS/REG. 38/Vol.1/29, Date 7th March, 1990., Mr. C.O. Osakue

u.f.s. Head, Dept. of Education, Federal College of Education (Technical) Asaba.

GROSS MISCONDUCT – RE: INVOLVEMENT IN FULL-TIME POST GRADUATE STUDIES WITHOUT PERMISSION.

At the Management Committee Meeting held on Tuesday, 6th March, 1990, the Committee considered the report of the panel which investigated your involvement in full-time post-graduate studies at the University of Benin. The Committee noted with dismay that you embarked upon a full-time postgraduate (Ph.D.) Programme since the beginning of the 1988/89 session without the written or express permission of your employer. Your action amounts to gross misconduct and a serious breach of the Civil Service Rule which prohibits an officer or employee on full-time payment from engaging in any other full-time activities unless he has previously obtained the permission of the appropriate authority.

The Committee was also informed about your various acts of insubordination exemplified by the following: