E. O. Amodu V. Dr. J. O. Amode & Anor (1990)

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AGBAJE, J.S.C. 

The plaintiff, Mr. E.O. Amodu, sued the defendants, Dr. J. O. Amode, Principal, and the Kwara State College of Technology in an Ilorin High Court claiming against them as follows:

“The plaintiff’s claim is for

(1) a DECLARATION

(a) that the purported termination of the plaintiff’s appointment by a letter from the first defendant dated the 17th April, 1980 to the plaintiff allegedly on behalf of the second defendant is null and void as the sale administrator’s office had terminated on or before 15/4/80 and a governing council had not been set up by His Excellency, the Governor of Kwara State Alhaji Adamu Atta and

(1) that the plaintiff is entitled to his emolument until the determination of this suit and thereafter until the plaintiff is legitimately relieved of his post and

(ii) a perpetual injunction restraining the defendants and/or their agents and/or servants from filling the plaintiff’s post until the plaintiff is legitimately relieved of his post, which the plaintiff contend is not vacant.”

Pleadings were ordered, filed and exchanged. Because of the issues arising for determination in this appeal, I have to reproduce in full the whole of the plaintiff’s statement of claim:-

STATEMENT OF CLAIM

1. The plaintiff is the bursar in the service of the second defendant.
2. By a letter of 17th April, 1980,

the first defendant purportedly terminated the

services of the plaintiff with the second defendant. The said letter is pleaded.

3. As at 17th April, 1980, when the first defendant

purportedly wrote the said letter as agent and/or servant

of the second defendant, there was no governing council

set up by His Excellency the Governor of Kwara State,