Dr. Dennis Issac Ifenne v. Ahmadu Bello University, Zaria & Ors (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

CHIMA CENTUS NWEZE, JSC (Delivering the leading judgment)

The appellant in this appeal was employed by the first respondent on June 30th, 1982. His appointment was confirmed on September 25th, 1984.

On June 24th, 1992, he was transferred to the first respondent’s Institute of Health, that is, the University’s Institute of Health, He rose to the rank of Senior Lecturer. He was, later, confirmed as a Consultant in the Department of Obstetrics and Gynaecology.

On March 26th, 2001, one Ms. Salamatu Usman, a 600 Level Medical Student, wrote a petition to the Vice-Chancellor (VC) of the first respondent against the appellant. She alleged sexual harassment to her person and victimization.

The Vice-chancellor then directed the Registrar of the first respondent to query the appellant with a view to charging him to the Senior Staff Disciplinary Committee of the first respondent.

Accordingly, the appellant was queried by the Registrar on March 28th, 2001, and was asked to present his reply to the query within twenty-four hours, which he did.

A day after receiving the reply, the appellant was suspended from duty and an “Investigating Committee” was set up to investigate the allegations of sexual harassment levelled against him. After its investigation, the Committee found the appellant guilty and recommended that he should be disciplined.

On August 6th, 2001, the appellant was issued with yet another query by one Mrs. M. A. Nkom, the Secretary to the Senior Staff Disciplinary Committee (the fourth respondent).

He replied on August 7th, 2001. Then, on August 10th, 2001, the appellant was again invited to appear before the Senior Staff Disciplinary Committee which said Committee comprised, inter alia, of Prof. Hassan Isah and Mrs. M. A. Nkom, who had issued him with the second query.

The appellant objected to the composition of the Committee because, according to him, Prof. Hassan Isah, was the petitioner’s brother-in-law.

According to the appellant, the Committee commenced its proceedings by calling on him first to present his defence on the allegations made against him. The petitioner and one Dr. Sani Ibrahim, who was the Chairman of the erstwhile Investigation Committee, testified against him. They were not cross-examined by the appellant. Having found the appellant guilty of the charges levelled against him, the Committee recommended that the appellant’s appointment should be terminated.

Consequent upon this recommendation, the Registrar, by a letter dated October 22nd, 2001, informed the appellant of the termination of his appointment with the University (first respondent).

Aggrieved by the decision of the Committee, and in effect, the first respondent, the appellant commenced an action by way of ex parte motion, at the Federal High Court, Kaduna Judicial Division, in suit No. FHC/KD/CP/24/2001. He sought for and was granted leave to apply for the following reliefs:

(1) An order of Certiorari removing the entire proceedings and decision of the Ahmadu Bello University, Zaria, Senior Staff Disciplinary Committee held and arrived at on 14/8/2001, conducted against the applicant by the third and fourth respondents along with other members of the ABU Senior Staff Disciplinary Committee on behalf of the first respondent into the Federal High Court for purpose of being quashed.