Professor T. M. Yesufu V. Governor Of Edo State & Ors (2001)

LAWGLOBAL HUB Lead Judgment Report

OGUNDARE, J.S.C. 

This appeal raises again the vexed question of locus standi, or standing to sue in an action.

The plaintiff, who is now appellant in this appeal, had sued the defendants/respondents claiming-

“1. A declaration that the 1st defendant has no lawful authority or power to dissolve the Governing Council of the Edo State University Ekpoma, under the law establishing the University or under any other law whatsoever.

2. A declaration that the purported dissolution of the Governing Council of the Edo State University of which plaintiff is Pro-Chancellor and Chairman by the 1st defendant as per his letter reference No. MGPAO/Vol.III/128 of 2nd July. 1992 addressed to the plaintiff is ultra vires, null and void and of no effect whatsoever.
3. An injunction restraining the defendants jointly and/or severally by themselves or through their agents, servants or privies from reconstituting, recognising or having any dealing whatsoever with any Governing Council of the Edo State University except that of which plaintiff is Pro-Chancellor and Chairman, until the expiration of his four year term of office or until removed from office in accordance with the provisions of the Edo State University Law 1991.”

He filed along with his writ a motion ex parte praying for an interim injunction “restraining the 1st defendant or the Edo State Government or the 3rd defendant, by themselves, their servants, agents and/or privies from appointing, recognising or otherwise having any dealings with any Governing Council of the Edo State University other than that chaired or headed by the plaintiff/applicant pending the hearing and determination of the motion on notice filed by the plaintiff/applicant in this suit for an order of interlocutory injunction against the defendants herein.” There was filed along also a motion on notice for an interlocutory injunction substantially along the prayer sought in the ex parte motion. To the affidavits in support of each motion was exhibited, among other documents, a letter (Exhibit A/D) dated 2nd July 1992 written by the appellant to the 1st respondent. Because of the importance of this letter to the issue raised in this appeal, I shall reproduce it in extenso at this stage. The letter reads:

“My dear Governor,

EDO STATE UNIVERSITY

RESIGNATION OF APPOINTMENT AS PRO-CHANCELLOR AND CHAIRMAN OF THE GOVERNING COUNCIL

I wish to refer to the discussions which Your Excellency and the Deputy Governor held with me on Tuesday, 30th June, 1992, during which you informed me of your intention to reconstitute the membership of the Governing Council of Edo State University, essentially because of political pressures from within the SDP. I advised, and still do so advise, that it would not be wise to politicise appointments to the University, particularly when for good traditional reasons, the relevant law took pains to insulate the institution from political and other sectional interests. Under that law each member (except ex officio) of Council, is appointed for a definite term of four years, and can only be removed on clearly defined grounds, after due process.

2. However, I accept on my part to resign, but I hinted that I would wish to consult other members of the Council. Your Excellency agreed. But last night, the Deputy Governor telephoned ostensibly to hasten my resignation because of the said political pressures.
3. Since I have no intention to embarrass you or the Government in this or any other matter, I have the honour hereby to tender my resignation as Pro-Chancellor and Chairman of the governing Council of Edo State University. The law requires me to give six months notice of such resignation; but Your Excellency indicated that you would waive the requirement and I hereby so request.

Yours very sincerely

(sgd)

Professor T. M. Yesufu”

(italics are mine)

The ex parte motion was denied by the learned trial Judge who ordered an accelerated hearing of the motion on notice. Meanwhile however, the appellant filed his statement of claim in which he pleaded, inter alia, as follows: