MR. Syed Qamar Ahmed V. Ahmadu Bello University (Abu) & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA AUDI WAMBAI, J.C.A. (Delivering the Leading Judgment)

This appeal is from the decision of the National Industrial Court of Nigeria sitting in Kano in suit No. NICN/KN/7/2011 delivered on 11th September, 2013 by M. N. ESOWE J, wherein the learned trial judge entered Judgment in favour of the Respondents against the Appellant affirming the dismissal of the Appellant’s appointment by the Respondents.

The Appellant, as Claimant at the Lower Court, sought against the Respondents (as Defendants), the following reliefs:

WHEREOF the Claimant claims against the defendants jointly and severally as follows:-

“(a) A Declaration that the dismissal of the plaintiff by the Defendants from the services of the 1st defendant vide their letter referenced p.16,773 of 6th day of June, 2011, is in violation of the Ahmadu Bello University Law; it is therefore invalid, null and void and of no effect whatsoever.

(b) An Order of the honourable Court setting aside the letter of dismissal of the claimant dated the 6th day of June, 2011.

(c) A Declaration that the claimant is still in lawful employment of the 1st Defendant on the 7th

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day of February, 2012.

(d) An Order of the Honorable Court setting aside the decision of the 1st Defendant’s Council at its 145 (Regular) meeting held on 28th and 29th day of March, 2011, contained in the letter reference No. P.16,773 of 6th day of June, 2011.

(e) An Order reinstating the Claimant to his office and position Lecturer ii in the Department of Mathematics forthwith.

(f) An Order of this honourable Court directing the defendants to pay all the entitlement of the Claimant from the date of the purported dismissal till the 6th day of February, 2012 when his contract with 1st Defendant will come to an end by way of damages for breach of contract.

(g) Cost”.

The facts of the case as can be gleaned from the record are that the Appellant was by virtue of a letter dated 3rd January 2000, employed as a full time Lecturer II (2) in the department of Mathematics of the 1st Respondent, for a term of 2 years, renewal by mutual agreement. His contract letter contain terms and conditions including clauses in the letter which made the employment subject to the Ahmadu Bello University Laws, Statutes and Regulations. The contract was