Dr. Ajewunmi Bili Raji V. Obafemi Awolowo University (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Honourable justice Babs O. Kuewumi of the Federal High Court, holden at Osogbo, Osun State delivered on the 22nd day of June, 2011.

The appellant as plaintiff before the High Court commenced this action by an originating summons dated 15/12/2010 against the Respondent for the determination of the following questions.

1. Whether the Plaintiff’s appointment was not confirmed by the Defendant after the probationary period of 3 years.
2. Whether the purported termination of the Plaintiff’s appointment by the Defendant’s letter of August 27, 2010 is illegal, null and void.

The appellant sought the following reliefs:

(a) A declaration that the decision of the Defendant taken at its meeting of July 12, 2010 not to confirm the appointment of the Plaintiff is illegal, null and void and of no effect whatsoever.

(b) A Declaration that the Defendant’s termination of the plaintiff’s appointment with effect from 1st December 2010 as conveyed by a letter titled “Re: Confirmation of Appointment” dated 27th August 2010 is illegal, null and void and of no effect whatsoever.

(c) An order of perpetual injunction restraining the Defendant its officials, agents, privies and servants from acting on the contents of its letter of August 27, 2010 in any manner whatsoever.

(d) An order directing the Defendant to pay to the Plaintiff his outstanding salaries and allowances since December 1, 2010.

The appellant’s case is that he was employed as a reader (Associate Professor) by the Respondent by a letter dated March 1, 2007. Exhibit A and that upon assumption of duty on March 22, 2007 the Respondent gave him conditions of service, Exhibit B.

The appellant claimed that even though his 3 year probationary period ended on March 21, 2010 the Respondent allowed him to continue teaching students up till the time of instituting the suit.

That, on 30th November 2010, he (the appellant) received a letter dated 27th August 2010 purporting to terminate his appointment (Exhibit C). Thereafter, he instructed his counsel to issue Exhibit D, a pre action notice of 3 months.

The Respondent on the other hand claimed that the letter of appointment dated 1st March, 2007 – Exhibit A does not contain the word “probation”. That, it may terminate an appointment in accordance with the terms of the contract of service which as per Exhibit A includes paragraph 5 to the effect that “The appointment may be terminated at any time by either party giving three months notice in writing.

The case of the parties in the Court below was fought by affidavit evidence, after the exchange of written addresses the learned trial judge found that the appellant (Plaintiff,) has not proved his case as required by law and thereby dismissed the plaintiff (appellant’s) claims.

Dissatisfied with this judgment, the appellant through his counsel filed a Notice of Appeal containing six (6) grounds of appeal before this Court on 18/7/2011.