Visitor, IMO State University & Ors V. Prof. Innocent Chuka Okonkwo & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment)

This is an Appeal against the judgment of Imo State High Court of Justice Holden at Owerri contained in the judgment of Hon. Justice NONYE OKORONKWO delivered on 3rd day of February, 2011. The facts leading to this Appeal are legion.

The Respondent herein Professor Innocent Chuka Okonkwo was by a letter dated the 21st day of October, 2005 appointed the Vice Chancellor of Imo State University by the then Governor of Imo State Chief (Dr) Achike Udenwa for a five year tenure term.

By another letter dated 26th day of October, 2005 the Imo State University vide his Pro Chancellor wrote to the Respondent informing him of approval of his appointment as the Vice Chancellor of Imo State University and congratulated him.

The Respondent was in office for three years and 2 months when another Governor of Imo State set up visitation Panel to investigate the affairs of the Imo State University of which the Respondent was a Vice Chancellor for the period beginning from 2004 – 2008.

The Respondent was before the Panel as a witness and he gave evidence before the panel. The panel eventually submitted its report to the Imo State Government who came out with its white Paper on the visitation Panel’s Report which indicted the Respondent and accused him of misconduct.

The then Governor of Imo State as the visitor of the Imo State University by a publication contained in the Imo State of Nigeria Gazette No. 2 Vol. 35 dated 10th July, 2009, the Respondent was relieved of his post as the Vice Chancellor of Imo State University. The Public Notice reads:

“Imo State University Law, 2004 (Law No. 5 of 2004)

In exercise of the powers conferred on me by section 17 of the Imo State University Law, 2004 and all other powers enabling me on that behalf, I, Chief IKEDI OHAKIM, Visitor of Imo State University do hereby remove professor Innocent C. Okonkwo as Vice Chancellor of Imo state University on ground of misconduct.

Dated at Owerri this 10th day of July, 2009.

CHIEF IKEDI OHAKIM Visitor Imo State University”

In apparent follow up of the removal of the Respondent as Vice Chancellor the Imo State University on 15th July, 2009, wrote two separate letters to the Respondent. One retired him from the services of Imo State University Owerri, with immediate effect and the second letter which was in the same vein in addition directed that the Respondent should refund to Imo State University the sum of N55 Million. As would be expected the Respondent instituted action against the University and persons including the Visitor, the Governor of Imo State and Attorney General of Imo State claiming thirty-four (34) reliefs against the Defendants contesting his removal and other actions taken against him by the University. He sought for reinstatement to office as the Vice Chancellor of the University and a declaration that the Visitation Panel Report and his retirement be declared null and void. He also claimed N500, 000.000.00 (Five Hundred Million Naira) Damages from the Defendants. See pages 1037-1045 of the Record as quoted in the judgment of lower Court.

Pleadings were duly filed and exchanged by the parties and the matter proceeded to trial at the end of which trial the Learned trial Judge delivered a considered JUDGMENT on 3rd day of February, 2011 and declared as follows:-

“i. The Proceedings of the Visitation Panel in so far only, as it affects the Claimant as well as the recommendations, findings and Government comment thereon contained in chapter III Pages 6, 7 and 8 of the Government White Paper on the report of the Visitation Panel into the affairs of Imo State University from 2004 till date are void, nullity and of no legal effect.