Sylvanus Eze V. University Of Jos (2017)

LAWGLOBAL HUB Lead Judgment Report

OLABODE RHODES-VIVOUR, J.S.C.

The appellant/applicant’s Motion of Notice filed on 11 July, 2014 seeks the following orders:-

1. An Order of this Court granting the Appellant/applicant leave to raise and argue fresh issue of law for the first time before the Supreme Court against the decision of the Court of Appeal Jos delivered on 17 December, 2012.
2. An Order of this Court deeming the appellant’s brief which contains argument on the fresh issue of law as duly filed and served separate copies having been filed and paid for.

Sylvanus Eze, the appellant/applicant deposed to a 15 Paragraph affidavit in support of the Motion. Annexed to it are documents marked Exhibit 1, 2, and 3.

Emmaunel Jawander, the Principal Registrar (Land Matters) with the respondent deposed to an 11 paragraph counter affidavit.

At the hearing of the Motion on Notice on 13 February, 2017 learned counsel for the appellant/applicant, E. O. Okoro, Esq., adopted his written submissions and reply on points of law filed on 11 July 2014, and 8 June 2016 respectively and urged this Court to grant the application in the interest of

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justice.

On the other side of the fence, learned counsel for the respondent, D.D. Rimdam, Esq. adopted his written address filed on 23 October, 2014 and urged this Court to dismiss the application.

The facts are these. The appellant/applicant was a lecturer at the University of Jos (Respondent). In 2006 while still a lecturer in the University of Jos, there was an allegation that he was demanding and receiving money from newly admitted students without the authority of the University. He was queried and subsequently placed on suspension by the Vice Chancellor of the University. Between 8 – 11 August, 2006, the appellant appeared before the Council/Senate Disciplinary Committee to defend himself, and between 2-4 November, 2006 the Council of the of the University considered the Report of the Disciplinary Committee and decided to dismiss the appellant. The appellant was accordingly dismissed. Dissatisfied with the turn of events the appellant filed an Originating Summons on 31 May, 2007 before a Federal High Court (Jos Division) challenging his dismissal from the service of the University of Jos. The trial Court dismissed the suit, and on 17 December, 2012

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the Court of Appeal affirmed the decision of the trial Court, and dismissed his appeal.

Pending before this Court is an appeal by the appellant from the judgment of the Court of Appeal.

In his written submissions, learned counsel for the appellant/applicant formulated a sole issue for determination of this application.

It reads.