Hon. Commissioner For Education Vs Professor Lawrence Amadi (2013)

LAWGLOBAL HUB Lead Judgment Report

BATA OGUNBIYI, JSC. 

This appeal is against the ruling of the Court of Appeal, Port Harcourt Division, which had on the 6th day of December, 2000 granted the respondents/application to set aside the appointment of the 3rd appellant as substantive Provost of Alvan Ikoku College of Education, Owerri. The respondent had on the 15th day of June, 2000 filed a motion on notice before the lower court claiming the following reliefs:

Order of Court:

(a) Setting aside the appointment of the 3 respondent as a substantive provost of the Alvan Ikoku College of Education, Owerri made during the pendency of an application for interlocutory injunction to restrain the respondents from appointing a substantive Provost pending the determination of the appeal filed against the judgment of the High Court Imo State delivered by Alinnor J. sitting at High Court, No. 1, Owerri in suit No. HOW /157m/99 –PROF L. E AMADI V. HON COMMISSIONER FOR EDUCATION AND OTHERS ON 28th FEBRUARY, 2000.

(b) Stay of the hearing of the application for interlocutory injunction pending at the High Court, pending the hearing of this application.

The appellants opposed the application on the following two grounds that:

(i) The application was an abuse of the process of court in that a similar application was pending at the Imo State High Court and awaiting ruling of court.

(ii) The applicant had not shown any special circumstance which made it impossible or impracticable to have brought the application in the High Court first.

The lower court overruled the objection and granted the first arm of the prayers.

The brief facts of this case are that on the 26m August, 1999 at the High Court, Owerri, the respondent filed an application for an order of certiorari to remove to the court for purpose of being quashed:

(a) the government white paper on the Report of the Penal on Alvan Ikoku College of Education, Owerri for the period 1997 to 1999 as it affects the applicant which said white paper is dated 6th May, 1999;

(b) the letter of termination of the appointment of the applicant as the Provost of Alvan Ikoku College of Education, Owerri, which letter is dated July, 21, 1999;

(c) the appointment of the 3ld respondent as Acting Provost of the college.

The High Court per its judgment delivered by Alinnor J. (as he then was), on the 28th day of February, 2000 dismissed the application.