Professor E. A. Abe V. University Of Ilorin & Anor (2013)

LAWGLOBAL HUB Lead Judgment Report

MUSA DATTIJO MUHAMMAD, J.S.C.

This is an appeal against the judgment of the court of Appeal, Ilorin Division, delivered on the 22nd January 2003, allowing the appeal of the respondents and dismissing the cross-appeal of the appellant. The facts of the case that brought about the appeal are summarized below.

The appellant, a professor, was on the 17th August 1994, appointed the Director of the Institute of Education of University of llorin, the 1st respondent, for an initial period of three years. The appointment was extended on 5th August 1997 for a further three year term. By Exhibit 3, 1st respondent’s acting Registrar notified the appellant partly as follows:-

“Senate at its special meeting of Wednesday, 10th December 1997 decided to set-up a committee to investigate all the results of the 1995/96 graduating students of the institute of Education. In order to give the Committee o free hand to do its work, the Vice Chancellor has directed that you be suspended forthwith as Director of the Institute of Education. You are therefore requested to handover the activities of the institute to the Dean of Education immediately….”

Exhibit 5, a letter also addressed to the appellant by the 1st respondent inter-alia reads:-

“In view of the current re-organisation in the administrative structure of the institute, it has become necessary to relieve you of your appointment as Director of the Institute of Education with effect from 10th December 1997…”

Arising from the content of the two letters, the appellant as plaintiff took out a writ at the Federal High Court holden at Ilorin, hereinafter referred to as the trial court, claiming, apart from the ten million naira damages for libel, the declaratory and injunctive reliefs against the respondents as defendants thus:-

“(i) A declaration that the reasonable and inferable conclusion based on the evidence before the Staff Disciplinary and Appeals Committee (SDAC) is that the plaintiffs conduct does not amount to misconduct as envisaged by the University Act and Regulations warranting a procedure for removal.

(ii) A declaration that the trial of the plaintiff on the allegations made against the plaintiff are criminal in nature and cannot be tried by the defendants as doing so is a usurpation of the functions of the courts and is contrary to the 1979 Constitution of Nigeria.

(iii) A declaration that the various panels that investigated or tried the plaintiff are incompetent as their composition is not free from bias.

(iv) A declaration that vicarious liability have (sic) no place where criminal act is the subject matter, more so when in this case the plaintiff is not the employer of the other staff under him.

(v) A declaration that the decision of the 1st Defendant not having been based on the report and recommendation of the Staff Disciplinary and Appeals Committee (SDAC) is a denial of fair hearing to the plaintiff and therefore unconstitutional, null and void.

(vi) A declaration that the compulsory retirement of the plaintiff as conveyed by the defendants, letter of 9/2/99 Ref: UI/SSE/PF/1838 is predicated upon bias, malice, and hatred to get the plaintiff away at all cost to make way for a favoured candidate.

(vii) A declaration that the trial of the plaintiff without informing him that he was facing a process of removal from office is illegal, wrongful & negates the provisions of the University of Ilorin Act and therefore null & void.