The Council Of Federal Polytechnic, Mubi V. T.l.m. Yusuf & Anor (1998)

LAWGLOBAL HUB Lead Judgment Report

BELGORE, J.S.C.

The respondent, a senior employee of the appellant, was by a letter dated 9th January, 1987, terminated from the appellant’s employment. The appellant is a creation of statute, that is to say the Federal Polytechnics Act (Decree No. 33 of 1979) as amended by Decree No. 28 of 1987. The respondent and one other senior employee were suspected of masterminding the circulation of an anonymous letter that was regarded as offensive. The letter is Exhibit IV. The gist of Exhibit IV is an attack on the administrative style of the then acting Rector of the Federal Polytechnic, Yola, Exhibit IV is headed “Phenomenon called Udeagwu.” By virtue of S.12(1) of the Act, a joint committee made up of the Academic Staff and Council members could investigate any act of misconduct or inability to perform the function of the office for possible removal of any academic staff provided the academic staff concerned or any three members of the Council so requested (see S.12(1)(c) of the Act). Otherwise the Council should:

(a) give reasons for his impending removal to the staff (whether academic or senior technical staff);

(b) afford him the opportunity of making representations in person to the Council.

The Council, after considering the report of the investigating committee, if satisfied that the person in question should be removed from office, may then remove him by an instrument in writing signed on the direction of the Council. The Council met on the report of the joint committee before which the respondent appeared and decided to terminate his appointment by Exhibit II I, the letter of 9th January, 1987 alluded to earlier in this judgment. The respondent had earlier been suspended when the investigation commenced by virtue of S.12(2) of the Act.

Exhibit III is hereunder quoted so as to appreciate its full purport:

‘THE FEDERAL POLYTECHNIC MUBI

P.M.B. 35, Mubi

Gongola State-Nigeria.

Rector: Alhaji A.M. Girei Date:9th January,I987

Registrar: T. I. OBANEWO

Our Ref: FPM/S/P/223/81

Mr. T.L.M. Yesufu,

Lecturer I,