University Of Uyo & Ors V. Dr. Edet P. Akpan (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment)

Dr. Edet P. Akpan was an Associate Professor of Mathematics in the University of Uyo, Akwa Ibom State before his summary suspension and termination by the Governing Council of the University on 22nd March, 2004. The Associate Professor challenged his summary suspension and termination in a suit filed before the Federal High Court, Uyo, Akwa Ibom State on 21st June, 2004. Trial proceeded on pleadings coupled with oral and documentary evidence. On the 25th day of June, 2010 his Lordship E.S. Chukwu J., entered Judgment in favour of the Associate Professor making the following consequential orders:

“In the end Plaintiff’s case succeeds I make the following orders:

(1) It is hereby ordered that the termination of the Plaintiff’s appointment as contained in the Defendants letter dated 22nd March, 2004 with reference number UU/REG/76/VOL.1/103 in the hand of the Registrar and Secretary of Council is null and void and of no effect whatsoever.

(2) It is further ordered that the termination of the Plaintiff’s appointment and the suspension of the Plaintiff from the University as contained in the Defendants letter dated 9th June, 2003 with Reference No. UU/REG/S/15/S.I/Vol.1/403 is hereby declared null, void and of no effect.

(3) It is hereby ordered that the Plaintiff is entitled to all the salaries and allowances and other non-material and non-pecuniary benefits that are due and accruing to him before, during and throughout the period his appointment was unlawfully terminated.

(4) The Defendants are hereby ordered to forthwith reinstate the Plaintiff and pay him forthwith with effect from when his appointment was terminated all the salaries, allowances and other material and non-pecuniary benefits that are due and accruing to him before, during and throughout the period his appointment was terminated and throughout the period he was unlawfully suspended.

Cost follow events the Defendants are to bear the cost of this action which I assess at N500, 000.00 only.”

Being aggrieved the Appellants filed a joint Notice of Appeal to this Court on 30th July, 2010. An Amended Notice and Grounds of Appeal was filed on 6th July, 2011 and deemed properly filed and served with leave of this Court on 17th May, 2012. On 6th day of July, 2011 the Appellants filed a Joint Brief of Argument out of time which was however on application deemed properly filed and served on 17th May, 2012. The Respondent’s Brief of Argument was filed on 12th June, 2012. The Respondent filed a Notice of preliminary objection to Grounds 3 and 6 contained in the Amended Notice of Appeal as follows:

“(1) Grounds 3 and 6 of the Appeal contained in the Amended Notice of Appeal are incompetent and should be struck out.

AND TAKE NOTICE THAT, the grounds of the objection are as follows:

(i) Grounds 3 and 6 of the Appeal do not come under Section 241(1) of the 1999 Constitution of Nigeria (as amended) to qualify as Grounds of Appeal as of Right.

(ii) Both Grounds of Appeal not being grounds of law simpliciter, but of fact or at best mixed law and fact, leave to appeal ought to have been sought and obtained, and the Appellants have not obtained such leave before filling this appeal.

(iii) The failure to obtain such leave pursuant to Section 242 of the 1999 Constitution renders the said grounds incompetent.”