Federal Polytechnic, Ede & Ors V. Alhaji Lukman Ademola Oyebanji (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of the Osogbo Division of the Federal High Court delivered on the 25th day of May, 2005 in which the Respondent as Plaintiff in paragraph 23 of his statement of claim at pages 4 – 6 of the record of proceedings claimed as follows:

“(i)Declaration that the purported letter of interdiction of the Plaintiff by the Defendants from the 1st Defendant vide a letter with reference number FPE/SS/294/42 dated the 12th day of May, 2003 is illegal, unconstitutional, ultra vires and null and void as it offends the Plaintiff’s right to fair hearing as guaranteed by section 36 of the Constitution of the Federal Republic of Nigeria 1999.

(ii) An order setting aside the purported letter of interdiction of the Plaintiff from the 1st Defendant’s institution.

(iii) An order re-instating the Plaintiff as a bonafide employee of the 1st Defendant with the full enjoyment of all rights and privileges therein.

(iv) An order of perpetual injunction restraining the Defendants, their servants, agents and/or privies from suspending, terminating and/or dismissing the Plaintiff from the 1st Defendant’s institution.”

The appellants as defendants in the court below filed their statement of defence at pages 17 -21 of the record in which they asked the court to dismiss the plaintiff’s suit.

The Plaintiff/Respondent was a Senior Lecturer in the Department of Accountancy in the employ of the 1st and 2nd Defendants/Appellants. After the release of the first semester 2002/2003 examination results, the 3rd Defendants/Appellants received an anonymous letter written by a group that called itself Concerned Students of the Department of Accounting. In the letter, admitted in evidence as Exhibit “E” they reported a case of alleged academic fraud perpetrated in course No ACC 411: Financial Accounting against the Plaintiff/Respondent who was the course lecturer. The Defendants/Appellants carried out a preliminary investigation and without hearing from the Plaintiff/Respondent dispatched a letter of interdiction dated 12/5/03 Exhibit “B” to the Plaintiff/Respondent. The letter reads:

“AN ALLEGED CASE OF ACADEMIC FRAUD IN COURSE ACC 411: AN INTERDICTION”

You have been alleged to be involved in a case of Academic fraud in course code ACC 411 which you taught last semester. A preliminary investigation conducted at the instance of Management has also established a case of fraud. During investigation, you were alleged to have committed some acts which are inimical to the ethics of your profession. In order to give you a fair hearing and in accordance with the Institution’s procedure, the case is being referred to the appropriate committee for thorough investigation and determination.

However, in accordance with the Public Service Rules and Regulation No. 04403 the case is considered a serious misconduct and as a result, you are hereby (until it is proved to the contrary) interdicted with effect from 12th May, 2003 on half pay, pending the final determination of the case. If the allegation is proved to the contrary, all your rights will be restored.

To this end, you are expected to hand over the courses you are currently handling to your Head of Department and other polytechnic properties, while awaiting further directives from the Staff Profession Ethics Committee of the Institution of which the Secretary is Mr. Adefisoye of Establishment Affairs Division of the Registry.

SGD

Sam. A. Babatope