Dr. Moses U. Anolam Vs The Federal University Of Technology Owerri (FUTO) & Ors (2025)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

STEPHEN JONAH ADAH, JSC (Delivering the leading judgment)

This appeal is against the judgment of the Court of Appeal, Owerri Judicial Division, delivered on the 29th day of June, 2015, in appeal No: CA/OW/178/2010.

The lower court, in its decision dismissed the appeal of the appellant herein against the decision of the Federal High Court, Owerri Division, in suit No: FHC/UM/CS/127/2003, delivered on the 22nd day of December, 2008; wherein, the trial court entered judgment in favour of the defendants now respondents and dismissed the case of the appellant.

The facts of this case are summarized thus:

The appellant was in the employment of the 1st respondent herein as an academic staff. In 1989, the appellant became a lecturer in the 1st respondent’s institution established by the Federal University of Technology Act. In the course of the appellant’s employment, the appellant was alleged to have without authorization levied a fee of N500 (Five hundred naira) on all the students of his department. The 1st respondent discovered same and queried the appellant and was subsequently asked to appear before two administrative panels set up by the 1st respondent. The appellant was indicted for gross misconduct hence, his employment was terminated on the 21st day of February, 2003.

Dissatisfied with the termination of his employment by the 1st respondent, the appellant filed a suit leading to this appeal and sought the following reliefs before the trial court:

a. A declaration that the plaintiff is still an employee of the Federal University of Technology, Owerri.

b. A declaration that the purported dismissal of the plaintiff is wrong, illegal, without due process and accordingly, null and void.

c. A declaration that the plaintiff was tried and punished without adherence to the rules of fair hearing.

d. A declaration that the defendants and its agents or committee has not the jurisdiction to hear and or try the plaintiff regarding the offence alleged which is a criminal offence.

e. A declaration of court that the trial by the joint senate/council committee was prejudiced and biased.

f. A declaration that having been tried and suspended, the second trial and termination is double jeopardy and punishment and so, unconstitutional.

g. A declaration that the extension of the suspension to the fourth month and all acts done within the period of that extension are illegal, unconstitutional, wrong and accordingly null and void.

h. A declaration of court that it is wrong for the defendants to seize and sit on the promotion of the plaintiff.