University of Ibadan V. Clement Edem Bassey (2016)

LawGlobal-Hub Lead Judgment Report

OBIETONBARA DANIEL-KALIO, J.C.A.

 This appeal is against the judgment of the Federal High Court holden in Ibadan (the Lower Court) in a case of dismissal from employment. The Appellant, the University of Ibadan was the employer of the Respondent Dr. Clement Edem Bassey, a lecturer in the Geology Department of the Appellant University. The Respondent was alleged to have been involved in examination malpractices involving one of his students, one Miss Ojijiagwu. He was alleged to have written an examination conducted by the Geology Department for the said student. The Respondent faced several investigation panels and was eventually dismissed from the employment of the Appellant. He appealed against his dismissal to the Appellant. His appeal was also dismissed by the Appellant. Aggrieved, the Respondent sued the Appellant at the Lower Court. In his Amended Statement of Claim in that Court, the Respondent prayed the Court for ?

1. A declaration that:

(a) The Plaintiff is still a Lecturer in the Geology Department of the University of Ibadan.

(b) The purported dismissal of the plaintiff as per the letter

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dated 8th September, 2005 and the procedure adopted by the Defendant were irregular, invalid, null and void and contrary to the principles of natural justice.

2. An injunction restraining the Defendant, its servants and/or agents from preventing the plaintiff from performing the functions and duties of his office or interfering with the enjoyment of the rights, privileges and benefits attached to the said office.

3. An Order of Court restoring the plaintiff to his post and office and to all rights and privileges attaching thereto.

After hearing the Appellant and the Respondent who both called a witness each (the Respondent testified for himself) and examining several documents tendered, the Lower Court in its judgment delivered on 19/3/10 was of the opinion that the Respondent had proved his case against the Appellant on a balance of probabilities. The Court therefore granted all the reliefs claimed.

?Dissatisfied with the judgment, the Appellant filed a Notice of Appeal which was later regularized having been filed out of time. The Notice of Appeal indicated 5 grounds of dissatisfaction with the judgment of the Lower Court. The grounds

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and the particulars of the grounds, save for ground 5 which had no particulars, are as follows:-

GROUND ONE