Nnamdi Azikiwe University, Awka V. Prof. C. C. Nweke (2007)

LawGlobal-Hub Lead Judgment Report

OGEBE, J.C.A,

The respondent sued the appellant in the Federal High Court Enugu claiming the following reliefs in paragraph 15 of the statement of claim:

“(15) Where the plaintiff claims against the defendant as follows:-

(a) A declaration that the report of the Senate Panel on three cases and adopted by the 107th meeting of the Senate of the defendant held on Wednesday 26th January, 2005 as it affects the plaintiff is null and void and of no effect.

(b) A declaration that setting up a Senate Panel or any domestic or administrative committee by the defendant to try the plaintiff is pre-mature.

(c) An order setting aside the suspension of the plaintiff as a staff of the defendant.

(d) An order restraining the defendant from suspending, continuing to suspend or terminating the appointment of the plaintiff.

(e) An order restraining the defendant from implementing the report of the Senate Panel on three cases adopted by the 107th Meeting of the Senate of the defendant held on Wednesday 26th January 2005 as it affects the plaintiff.

(f) An order restoring the plaintiff to his full salary and entitlements as Professor in the department of Psychology of the defendant.

(g) An order paying to the plaintiff all the arrears of his unpaid salaries and other entitlements and allowances.”

On the 24th of February, 2005 the respondent filed a notice for interlocutory injunction seeking the following reliefs:

“An order of interlocutory injunction restraining the defendant, her agents or privies from terminating the plaintiff/applicant’s appointment with her or renewing/prolonging his suspension and from in any other manner whatsoever denying/holding back from the plaintiff/applicant all the privileges, entitlements and perquisite of his office of professor of psychology in the University, pending the determination of the substantive suit.

A further order of mandatory injunction compelling the respondent to start paying to the applicant forthwith, his full salaries, allowances and other income appertaining to his office of professor of psychology Nnamdi Azikiwe University Awka, pending the determination of the substantive suit.”

On the 15th of March, 2005 the appellant filed a notice of preliminary objection praying the court to dismiss the suit on the ground that it was statute-barred.