Ondo State University V Folayan (1994)

LAWGLOBAL HUB Lead Judgment Report

UWAIS, J.S.C.

The respondent brought an action in the High Court of Ondo State sitting at Ado-Ekiti, against the appellants, claiming as follows, as per paragraph 21 of his statement of claim:-

“(i) A declaration that the plaintiff’s appointment with the 1st defendant is still subsisting;

(ii) A declaration that the purported determination or termination of the plaintiff’s appointment with the 1st defendant vide the 2nd defendant’s letter reference number AD/EST/OAU/ACSE/37/73 of 31st May, 1988 is a violation of:

(a) the plaintiff’s letter of appointment dated 29th April, 1983;

(b) memorandum of agreement dated 29th April, 1983 between the plaintiff and the 1st defendant;

(c) regulations regulating the condition of service of senior staff of the 1st defendant;

(d) section 15 of the Ondo State University Edict Law of 1982;

(e) section 33 of the Constitution of the Federal Republic of Nigeria 1979; and

(f) the rules and norms of natural justice.”

At the hearing in the High Court, each of the parties called evidence with the appellant (hereinafter referred to as “plaintiff’) testifying on his behalf and the 2nd Respondent testifying for himself and the 1st respondent (hereinafter referred to as “2nd defendant” and “1st defendant” respectively).

The facts of the case, which are not in dispute, may be summarised as follows. By a letter dated the 29th day of April, 1983, the plaintiff was offered an appointment by the 1st defendant as Lecturer Grade II. The letter, which was signed by the 2nd defendant on behalf of the 1st defendant, reads thus:-

“29th, April, 1983

Mr. Michael Adekunle Folayan,