University Of Uyo & Ors V. Dr. Inih A. Ebong (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

DALHATU ADAMU, J.C.A. (Delivering the Leading Judgment)

This appeal is against the decision of the Federal High Court, Uyo Judicial Division, Akwa Ibom State, sitting at Uyo in suit No. FHC/UY/CS/144/2003, delivered on the 27th day of April, 2012, by His Lordship, Honorable Justice E. S. Chukwu of the Federal High Court No. 2, Uyo by which the judgment was entered in favour of the respondent.

The Respondent had sued the Appellants in the Federal High Court, Uyo, by a writ of summons and statement of claim, challenging the validity of the executive and the administrative decision and the actions by the Appellants maliciously, wrongfully and unlawfully terminating his employment.

Being dissatisfied with the decision of the lower Court, the Appellants brought this appeal vide the amended notice of appeal dated 1lth day February, 2013. The Appellants brief was filed by Fidelis A. Iteshi, ESq., on the 15th day of January, 2013, the following issues were submitted for decision in the appeal:

“1. Whether by the combined provisions of Section 254C (1) (a) (b) of the Constitution of Federal Republic of Nigeria

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(Third Alteration Act, 2010) and Section 11 (1) &, (2) of the National Industrial court Act, 2006, the jurisdiction of the Federal High Court to entertain causes and matters related to or pertaining to labour employment or industrial disputes had ceased to exist as at the time the learned trial judge delivered judgment in the suit the subject matter of this appeal.

2. Whether from the totality of pleadings and evidence before the trial Court, the Respondent was denied the opportunity of a hearing or even fair hearing before his appointment was terminated by the Appellants?
3. Whether or not the Appellants complied with the spirit and

letters of Exhibit PW1BB in determining the appointment of the Respondent.

4. Was it right in law, for the learned trial judge to have relied on the unpleaded vive-voce evidence elicited from DW1 during cross-examination in preference to facts established by Exhibit DW1PL tendered and admitted

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by the lower Court.

5. Whether the learned trial Court properly and dispassionately evaluated the evidence before it before giving its judgment in favour of the Respondent.”

The Respondent’s brief was filed by E.I. Ekanem, Esq., counsel for the Respondents, and was filed on the 25th April, 2014. Like the Appellant’s learned counsel, Ekanem also raised issues for determination as follows:

“1. Whether having regard to the entirety of the Constitution of the Federal republic of Nigeria 1999 (as amended by the third Alteration Act, 2010) and any other law (s) of the Federation, the Federal High Court no longer had jurisdiction to entertain and on 27th April, 20I2 delivered judgment in suit No. FHC/UY/CS/144/03. (Ground 2).

2. Whether from the totality of the pleadings and evidence before the lower Court, the learned trial judge was not right in entering judgment for the Respondent. (Ground I, 3, 4 & 5).

An Appellant’s reply brief was filed on the 22/9/2014 to complete the

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