MR. M. T. Ogunbanwo V. Obafemi Awolowo University Ile-ife (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of the National Industrial Court, Ibadan Judicial Division presided over by his Lordship Honourable Justice E. N. Agbakoba, delivered on 3rd February 2014.

The Appellant as Claimant instituted this action against the Respondent in the Federal High Court Osogbo Division by a Writ of Summons on 28th of February 2007.

The suit was transferred to the National Industrial Court of Nigeria in February 2013.

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The Appellant/Claimant claimed as follows in paragraph 38 of the statement of claim:

1. A declaration that the Isichei Panel of enquiry that tried the Claimant on 11/6/2002 is wrongful unlawful ultra-vires null and void as the Claimant was not invited to defend any allegation of misconduct against him but as a witness, which is against the rule of fair hearing and natural justice, as it violates the right of the Claimant as protected by provisions of constitution of Nigeria 1999.
2. A declaration that the purported suspension of the Claimant from duty as contained in letter reference R./PA.ATSE/2/OGUN. 297 dated

25/5/2004 is wrongful, irregular, incompetent, ineffectual, unconstitutional and contrary to natural justice and therefore null and void.

3. An order to set aside the report of Investigating Committee that tried the Plaintiff on 30/8/2005 as the Investigating Committee failed to follow the rule of natural justice and fair hearing for its failure to produce documents to be used against the Claimant in advance and failure to bring any witness to be examined.
4. An order of this Honourable Court setting aside the purported letter of Termination of Appointment without Benefit contain in letter reference R./PA/ATSE/OGUN/321 dated 21/2/2006 addressed to the Claimant.
5. An order of this Honourable Court reinstating the Claimant to his duty post as Higher Executive Officer in the employment of the Defendant and to pay him all his Emolument, Salary, Allowance and other benefits due, including promotion, to the Plaintiff as a member of staff of the Defendant. From the day of his suspension until he attains the age of retirement as prescribed by law.
6. ALTERNATIVELY

The sum of N7,000,000.00 (Seven Million Naira) being special and general

damages for Claimant wrongful termination of his appointment without benefit by the Defendant.

PARTICULARS OF SPECIAL DAMAGES.

Salary Due May 2004- September 2005 at N37,421.34 per month N636,162.78

Salary Due October 2005 – February 2006 at N60,992.28 per month N304,961.40

Salary Due March 2006 – January 2007 at N60,992.28 per month N670,915.08

Leave Bonus for 2004, 2005 and 2005 – 3 years at N25,953.50 a year N77,860.50