The Council of Yaba College of Technology V. Nojeem Olukemi Awoniyi (2016) LLJR-CA

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TIJJANI ABUBAKAR, J.C.A.

This appeal is against the Ruling of the Federal High Court, Lagos delivered by I. N. Auta J. (Now C.J.) on the 2nd day of February 2007 in suit No. FHC/L/CS/124/2003 wherein the Court below granted all the prayers of the Respondent as contained in his Motion on Notice dated 17/02/2003. Aggrieved by the decision, the Appellant herein filed a Notice of Appeal dated 17/04/2007 challenging the whole decision of the Court below.

The Respondent herein was employed by the Appellant in 1991 as an academic staff, however the Respondent was dismissed from the services of the Appellant by a letter of dismissal dated 29/04/1999 and signed by the then Rector of the College, Chief (Mrs.) Felicia Odugbesan.

Unhappy with the dismissal, the Respondent filed suit No: FHC/L/CS/124/03 against the Appellant at the Federal High Court Lagos in 2003, the Appellant filed a Preliminary Objection challenging the jurisdiction of the Court on the ground that it lacked Jurisdiction over the suit because the suit was predicated on the Public Officers (Special Provisions) Act, otherwise

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known as Decree No. 17 of 1984. Abutu J, (later C.J.) of the Federal High Court declined Jurisdiction and struck out the suit on account of the Preliminary Objection. The Respondent Appealed against the said decision in Appeal No: CA/L/345/03 wherein this Court in its Judgment delivered on 22/07/2005 set aside the Ruling of Abutu J. upon considering whether the Provisions of Section 3(3) of the Public Officers (Special Provisions) Act is not illegal on ground of its inconsistency with the provisions of Article 7 of the African Charter on Human and Peoples Right (Ratification and Enforcement) Act Cap 10, LFN 1990 and ordered that another Judge of the Federal High Court other than Abutu J. be assigned the suit to be heard and determined on the merit.

The suit eventually ended up coming before Auta J, (Now C.J.). The reliefs sought by the Respondent at the court below are as follows:
I. AN ORDER OF CERTIORARI quashing the letter of dismissal from the Federal Public Service issued by Chief Mrs. Felicia Odugbesan, then Rector of the Respondent Polytechnic and dated 29th of April, 1999 and purporting to dismiss the Applicant from the service of the Respondent

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upon the grounds set forth in the statement herewith filed with this application and for the under mentioned reliefs namely:
II. A DECLARATION that the decision of General Abdulsalami Abubakar (Rtd.) the then Head of the Federal Military Government of Nigeria to dismiss him from the services of the Appellant through a letter dated the 29th of April 1999 and signed by Chief Felicia Odugbesan, the then Rector of the Appellant? Polytechnic is illegal, null, void and of no effect whatsoever.
III. A DECLARATION that under and by virtue of all enabling laws in Nigeria, the appointment of the Respondent cannot be lawfully terminated without compliance to the applicable law.
IV. A DECLARATION that the decision of Chief Felicia Odugbesan, the then Rector of the Appellant’s Polytechnic and/or General Abdulsalami Abubakar (Rtd.) the then Head of State to issue or terminate the appointment of the Respondent is malicious, null, void and of no effect whatsoever.
V. An ORDER setting aside the letter of dismissal dated the 29th of April 1999 issued and signed by Chief Felicia Odugbesan, Rector of the Appellant Polytechnic purporting to dismiss the

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respondent from the services of the appellant.
VI. An ORDER reinstating forthwith the Respondent back into his employment as Senior Lecturer of the department of Business Administration of Yaba College of Technology.
VII. An ORDER directing the Appellant to pay and accord the Respondent his accrued emoluments, pre-requisite of office and all relevant entitlements that would have accrued to him since the 29th of April 1999 till when judgment is delivered and complied with.
VIII. Any other equitable relief which the Court may deem fit to grant under the circumstance.”

The suit was heard by Auta J. of the Federal High Court who delivered his Ruling on the 2nd day of February 2007 in favor of the Respondent after considering the arguments of both parties as proffered by their respective Counsel.

The Appellant became aggrieved by the ruling of the lower Court and therefore filed a Notice of Appeal containing three grounds dated 17th April 2007 challenging the whole decision of the Court below. The Notice of Appeal is at page 341-343 of the Record of Appeal, the grounds of appeal less their respective particulars are reproduced as

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