University of Ilorin & Ors. V. Professor Tunde Oduleye (2006)

LawGlobal-Hub Lead Judgment Report

MUNTAKA-COOMASSIE, J.C.A.

This is an appeal against the judgment of the Federal High Court sitting at Ilorin. Corum Olayiwola, J. delivered on 4/3/2005 wherein judgment was entered in favour of the Plaintiff, Professor Tunde Oduleye. In his amended Originating Summons claimed against the Defendants as follows –

“1. A DECLARATION that the Defendants’ letter dated the 26th day of October, 1999 suspending the payment of the salary of the Plaintiff with effect from October, 1999 on the ground of alleged failure to submit a valid legal title of property in support of the Housing Loan of N200,000 granted him in 1998 is ultra-vires the Defendants, illegal, null and void.

2. AN ORDER compelling the Defendants to pay the arrears of salaries and emoluments due and accruing to him from October 4 1999 till date with immediate effect.

3. A (sic) ORDER of perpetual injunction restraining the Defendants whether by themselves, their agents, privies and or servants from further acting on or implementing the contents of the aforesaid letter in any manner whatsoever and however.

4. AN ORDER directing the Respondents jointly and severally to pay the sum of Five Million Naira (N5m) to the Plaintiff as damages for the arbitrary suspension of the payment of his salaries since October 1999.”

While this matter was pending, exactly on 5/1/2001 a team made up of

(1) Mr. Kolapo Alphonso;

(2) Dr. Abdulrahim Alao;

(3) Alhaji M. K. Aiyelabegan; and

(4) Professor J. A. Akinyanju

met the parties to this case and they agreed to settle this matter amicably. As a result, the parties and their counsel signed an agreement: “TERMS OF SETTLEMENT.” These documents contained amongst others, the following clauses: “TERMS OF SETTLEMENT

WHEREAS

1. ……….