Dr. Ajewumi Bili Raji V. University of Ilorin & Ors. (2006)

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OGUNWUMIJU, J.C.A.

This is an appeal against the judgment of Hon. justice P. F. Olayiwola of the Federal High Court sitting at Ilorin delivered on 18th March, 2005. The appellant herein was the plaintiff at the High Court and the respondents herein were the defendants.

The appellant joined the service of the 1st respondent in 1991 and as at the year 2000 he was a senior lecturer in English in the Department of Modern European Languages, Faculty of Arts of the University of Ilorin. He was thus a Senior Academic Staff of the University. The appellant sometime in February 2000 was awarded the Alexander Von Humboldt Research Fellowship by Western Germany. The appellant applied for study leave from the authorities of the University. He was supposed to resume in Germany by 29th March. As a result of time constraint, he later sought executive approval from the 4th respondent – the Vice Chancellor. He left the country for the fellowship programmed before and without approval from the 1st respondent or the 4th respondent. The 1st respondent promptly stopped his salary and issued the query exhibit 4. The appellant replied on 8/5/2000 in exhibit 5. The Governing Council asked the appellant to appear before the 2nd respondent in exhibit Bili 7. The appellant wrote back from Germany giving reasons why he could not return back to Nigeria within the time stipulated to appear physically before the 4th respondent. The 2nd respondent instructed the appellant to report back at the University not later than 21/12/2000 or regards his appointment as having been terminated. The appellant was unable to return. The 2nd respondent wrote exhibit 1 terminating the appellant’s appointment.

The appellant filed a suit at the Federal High Court, Ilorin by way of originating summons on 25/9/2001 as follows:-

LET THE DEFENDANTS all of the University of Ilorin, Nigeria in the Ilorin Judicial Division of the Federal High Court within eight days after the service of this summons on them, inclusive of the day of such service cause an appearance to be entered for them to this summons. which is issued upon the application of the above – named plaintiff of the University of Ilorin, Nigeria who claims that his employment has been unlawfully/wrongfully terminated by the defendants from the university, for the determination of the following question:-

Whether the trial of the plaintiff in absentia by the Senior Staff Disciplinary and Appeals Committee (SDAC) for misconduct, the consideration of the report of the trial and the decision thereon taken by the Governing Council of the University of Ilorin conveyed to the plaintiff vide a letter dated 14th December, 2000, leading to the purported voluntary termination of the employment of the plaintiff as a staff of the University of Ilorin is not ultra vires the defendants, unconstitutional, illegal, null and void having regard to the provisions of Section 36(1) of the constitution of the Federal Republic of Nigeria 1999, and the provisions of the University of Ilorin Act, Cap. 455, Laws of the Federation of Nigeria. 1990, in particular section 15 of same?

AND THE PLAINTIFF SEEKS THE FOLLOWING RELIEFS:-

1. A DECLARATION that the purported consideration of the allegations of misconduct leveled by the defendants against the plaintiff and the report made and submitted to the 2nd defendant in respect thereof by the Senior Staff Disciplinary and Appeals Committee are illegal, unconstitutional, null and void as same violates the light of the plaintiff to fair hearing as guaranteed by section 36(1) of the Constitution of the Federal Republic of Nigeria, 1999.
2. A DECLARATION that the consideration of the said Report and the decision taken thereon by the 2nd defendant, directing the plaintiff to return to the University unfailingly and not later than 21st December, 2000 failing which he would be deemed to have voluntarily terminated his appointment is illegal, unconstitutional, null and void as same violate the plaintiff’s right to fair hearing as guaranteed by section 36(1) of the constitution of the Federal Republic of Nigeria, 1999.
3. A DECLARATION that the defendants are biased against the plaintiff.
4. AN ORDER removing before this Honourable Court for QUASHING the report of the said Staff Disciplinary and Appeals Committee as it relates to the plaintiff and the decision taken thereon by the 2nd defendant communicated to the plaintiff vide a letter dated 14th December, 2000 for violating the principles of natural justice.
5. AN ORDER reinstating the plaintiff back to his office in the 1st defendant as a Senior Lecturer in the Department of Foreign Languages, Faculty of Arts with all his rights and privileges attached thereto.

In a considered judgment, the learned trial Judge found that from the affidavit evidence before him, the plaintiff was not denied fair hearing under section 15 of the University of Ilorin Act or under section 36(1) of the 1999 Constitution. He then dismissed the appellant’s claims.

The appellant being dissatisfied filed this appeal. The appellant’s brief dated 25/10/05 was filed on 26/10/05 and deemed field on 1/2/06, reply brief was dated 23/3/06 and filed on the same day. Mr. Dayo Akinlaja urged the court to allow the appeal. The respondents’ brief dated 13/3/06 was filed on 14/3/06. Mr. Eleja respondents’ counsel urged the court to dismiss the appeal.

The appellant’s counsel Mr. Dayo Akinlaja, Esq. settled only one issue for determination in this appeal and it is stated as follows:”

Whether the learned trial Judge was not wrong to have dismissed the case of the plaintiff/appellant regard being had to the circumstances of the case.”

– Grounds 1-9

The respondents’ counsel Yakub Dauda, Esq. also identified one sole issue for determination.

It is stated below: