R. Taiwo Oloruntoba-oju & Ors V Professor P. A. Dopamu & Ors (2008)

LAWGLOBAL HUB Lead Judgment Report

The appellants were the plaintiffs at high Court, Ilorin where on 07/05/2001, they issued their originating summons against the respondents as the defendants. They sought for the determination of the following questions:

“1 . Whether the 4th defendant has the powers under the and by virtue of the provisions of University of Ilorin Act to unilaterally appoint the Dean of any faculty of the University of Ilorin.

Whether the 4th Defendant has the powers to unilaterally appoint a Head of Department for any Department of the University of Ilorin under the University Act.

3 . Whether the 4th defendant has powers to appoint the 1st Defendant as the Acting Dean of Faculty of Arts University of Ilorin.

Whether the 4th Defendant has the power to unilaterally remove the substantive Dean of Faculty of Arts University of Ilorin PROFESSOR E.E. ADEGBIJA and appoint 1st defendant to act in that position.

Whether the appointment of the 1st defendant as the Acting Dean of Faculty of Arts Univer-sity of Ilorin by the 4th defendant is not ultra vires.

6 . Whether the appointment of the 2nd and 3rd defendants as Acting Heads of Departments of Linguistics and Performing Arts respectively in the faculty of Arts is not ultra vires the power of the 4th defendant having regard to the provisions of the Unilorin Act.

Whether the purported replacement of the Dean Faculty of Arts, 2nd plaintiff as Head of the Depart-ment of Performing Arts and 6th plaintiff as Head of Department of Linguistics, with 1st, 2nd and 3rd defendants respectively in acting capacity is not tantamount to victimization on political and other grounds and contrary to the laws and the constitu-tion of the Federal Republic of Nigeria, 1999.

Whether the defendants can conduct any valid and/or credible degree examination without the participation and/or moderation of appropriate examiners and whether the 4th defendant can unilaterally remove and replace any examiner of the University.

Whether the 4th defendant has the power to ban the plaintiffs and/or instruct/order security officers and agents of the University of Ilorin to prevent the plaintiffs and other members of ASUU from entering the premises of the University of Ilorin and whether such ban is not contrary to the provisions of the constitution of the Federal Republic of Nigeria, 1999.

Whether the defendants are entitled to victimize the plaintiff by taking decisions that are adverse or prejudicial to their appointment with the 6th defendant or participating in a National protest/strike action as directed by their National Executive Council and whether said defendants are not in violation of the statute of the University and the constitution of the Federal Republic of Nigeria by intimidating, harassing and threatening compelling the plaintiffs to abandon their legitimate struggle against oppression/suppression by the 4th defendant.”

Depending on the answers given by the court to the above questions, the reliefs claimed against the respondents are:

“A declaration that the purported appointment of the 1st defendant as the Acting Dean of the Faculty of Arts of University of Ilorin by the 4th defendant by virtue of the letter to that effect addressed to the 1st defendant and signed by the 5th defendant is ultra vires, unconstitutional, illegal, unlawful, null and void and of no effect whatsoever having been made in flagrant viola-tion of the provisions of University of Ilorin Act Cap 455 Laws of the Federation 1999.

An order nullifying and setting aside the said purported appointment of the 1st defendant as the Acting Dean of the Faculty of Arts University of Ilorin (6th defendant).