Dr. Taiwo Oloruntoba-oju V. Attorney-general Of The Federation & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of the Federal High Court Ilorin presided over by Honourable Justice A. O. Faji delivered on 27th, 2013 wherein all the reliefs sought by the Apellant were refused by the trial Court.

The Appellant is the leader of the ASUU. He was amongst the University of Ilorin (Unilorin) 49 lecturers once sacked by the 2nd Respondent but reinstated by the Supreme Court in 2009.

?In February, 2011, the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria being the visitor of the University of Ilorin and acting through the Minister of Education appointed and inaugurated a routine Presidential Visitation Panel for the University of Ilorin (hereinafter referred to as “the Panel”). When the Panel visited Unilorin, the Appellant as the leader of ASUU in Unilorin approached the Panel for information on the schedule and modus operandi of the Panel. He was however refused the information and his attempt to submit memorandum was also rebuffed by the Panel. Despite the Appellant’s several correspondences emphasizing

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the readiness of the Association to assist the Panel in performing her duties, the Panel did not accord the Appellant the required audience but rather resorted to what the Appellant understood as lopsidedness and bias against the Appellant, when he went personally to the venue of the Panel’s meeting to make enquiries.

The Panel in its report made recommendations about the Appellant in such a way that the Appellant felt that his fundamental rights were either violated or threatened to be violated. The visitor accepted the recommendations of the Panel. It was against this backdrop that the Appellant instituted an action against the Respondents under the Fundamental Rights Enforcement (Procedure) Rules.

In response to the processes filed by the Appellant, the 2nd and 3rd Respondents filed a Counter-Affidavit in opposition to the Appellant’s motion and subsequently filed a Further Counter-Affidavit.

The Appellant also filed a Further Affidavit in support of his application with other exhibits and a Reply to the 2nd and 3rd Respondents’ Address.

The 1st Respondent filed a Counter-Affidavit and a written Address in opposition to the

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Appellant’s motion. A Notice of Preliminary Objection together with an Address was also filed by the 2nd and 3rd Respondents against the competency of the Appellant’s case, which was subsequently withdrawn and struck out.

Thereafter, parties adopted their processes and the matter was adjourned for judgment.

In its Judgment, the trial Court refused all the reliefs sought by the Appellant and dismissed his case in its entirety. Being dissatisfied with the judgment, the Appellant appealed on eleven grounds of Appeal contained in the Notice of Appeal dated and filed on 20th June 2013 as follows: