University Of Jos V. Dr. Sani Muhammad Adam (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment)

The respondent was in the employment of the appellant as a law lecturer. The appellant purporting to act in pursuance of the policy of the Federal Government reform in ministries, parastatals and agencies severed the service of the respondent through a letter dated 21st May, 2007 but served on the respondent on 13th June, 2007.

Not satisfied with the manner his appointment was terminated, the respondent by way of originating summons proceeded against the appellant at the Federal High court Jos Judicial Division seeking to avoid the termination and payment to of all due salaries and allowances. The Federal High court in a considered judgment on 6th June, 2008 found for the respondent and availed him his prayers.

Dissatisfied with this judgment the appellant filed this appeal. The appeal is founded on the amended notice of appeal filed on 14th October, 2011 but deemed properly filed on 19th October, 2011. The said amended notice of appeal contained four grounds to wit:

GROUND ONE

The trial court erred in law when it held that “…the 2 issues coined or framed by the Defendant, are outside the question for determination submitted by the learned plaintiff.

GROUND TWO

The trial court erred in law when it failed to recognize the intention of the legislature regarding S.15 of the University of Jos Act Cap. U8 Laws of the Federation of Nigeria 2004.

GROUND THREE

The trial court erred in law when it failed to take into consideration the plaintiff’s stained record of service.

GROUND FOUR

That the trial court lacked the jurisdiction to entertain this suit because the respondent’s suit was caught up by the provisions of S. 2(a) Public Officers Protection Act Cap. P.41 Laws of the Federation of Nigeria 2004.

The appellant in setting the brief of argument effectively abandoned grounds 1 to 3 of the grounds of appeal by distilling issues for determination only from ground 4 of the notice of appeal which ground deals only with the limitation provisions of the Public officers Protection Act section 2(a). The issues as distilled by the appellant in its brief of argument filed on 26th March 2012 read thus: –

(i) Whether the respondent can successfully maintain an action against the appellant’s action of termination of the respondent’s appointment vide letter of severance dated 21st May, 2007 purportedly received by him on 13th June, 2007 but not filing his action on 28th November, 2007, taking into consideration the issue of statute bar.