Mrs Okorie Gloria Obiageli V. Federal College Of Education (FCE) Zaria & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Federal High Court Kaduna in suit No. FHC/KD/CS/15/2007, delivered by M. L. Shuaibu, J on the 9th June, 2008 where the learned trial Judge dismissed the Appellant’s applications.

The Appellant was the Applicant and sued the Respondents at the lower court vide two applications; the first one as per a motion on notice dated 13th day of February, 2007 wherein the appellant prayed the court for the following orders:

1. AN ORDER of Certiorari removing to the honourable court for the purpose of being quashed the decisions and recommendations of council of the 1st Respondent on 25/01/2007 whereof punitive measures were recommended against the Applicant without fair hearing and without any evidence to support same.
2. AN ORDER nullifying the letter dated 26/01/2007 and 30/01/2007 from the 4th Respondent conveying to the Applicant a Warning and Suspension Notice respectively, other punitive decisions/recommendation of the Council of the 1st Respondent having been issued in violation of the Applicant’s right to fair hearing.
3. Such further or other orders the honourable court may deem fit to make in the circumstances.

(See page 1-2 of the records)

The second Motion on Notice dated 14th March, 2007 was pursuant to Order 9 of the Federal High Court (Civil Procedure) Rules 2000 and prayed for the following reliefs:

1. An order setting aside and nullifying the Notice of Dismissal dated 6th March, 2007(attached as exhibit A) issued by the Respondents to the Applicant in contravention and disobedience of the honourable court’s order dated 6th February 2007.
2. An order restoring the Applicant to status quo ante bellum the Respondent’s Notice of Dismissal pending the determination of the substantive suit.
3. Such other orders as the honourable court may deem fit to make.

The third Motion on Notice dated 16th March, 2006 and brought pursuant to Order 46 Federal High Court (Civil Procedure) Rules prayed for:

1. An order committing the Respondents to prison for violation and disobedience to the honourable court order dated the 6th day of February, 2002 by their Notice of Dismissal (attached as exhibit A) purporting to dismiss the Applicant from the services of the 1st Respondents.
2. Such other orders as the court may deem fit to make.

(See pages 73 – 78 of the records.)

The Respondents also filed an application dated 21st March, 2007 pursuant to Order 9 Rule 20, Order 47 Rules 3 and 4 of the Federal High Court (Civil Procedure) Rules 2000 and sought for:

1. An order granting leave of the court for an order setting aside, striking out and/or dismissing the Exparte order obtained and granted by the court on the 6th day of February, 2007 same having been based on an unlawful, premature and incompetent action.
2. And for such further order or orders the honourable court may deem fit to make in the circumstances.

The case of the Applicant (Appellant) is that she had been in the employment of the 1st Respondent for over 11 years and discharging her duties prior to the events leading to this suit. By a letter dated 9th January, 2007, the 1st Respondent wrote her a query on an alleged petition to the Executive secretary, National Commission for Colleges of Education, Abuja, without affording her a copy of the alleged petition to enable her reply appropriately to the contents of the query.

The said query gave the Applicant 24 hours within which to respond. That the 4th Respondent by a letter dated 11th January, 2007 again issued her a query alleging criminal offence of plagiarism against her threatening jail sentence, and dismissal from service, the said letter also gave only 24 hours to the Appellant to defend herself, without supplying the work allegedly plagiarised which made it impossible for her to reply appropriately to the said allegation.

That despite the above, the 4th Respondent by a letter dated 30th January, 2007 served her with a Suspension Notice and directed the 5th Respondent to place her on a half salary pending the determination of the offence of plagiarism by a committee to be constituted. That the quick successions within which these whole disciplinary and punitive measures were initiated and meted on her all within a period of less than three weeks shows manifest bias against her and breach of her fundamental right to be heard.

That the 1st Respondent is a creation of Statute and her appointment is governed by the Federal College of Education Act, Cap. 129, 1992 and the condition of service and that the actions of the 4th Respondent contravened the said laws.

Parties in their respective applications supported with host of exhibits prayed and urged the lower court accordingly. The learned trial Judge considered and dismissed the applications.

In dismissing all the three applications above the learned trial judge held inter alia as follows: