CORAM

MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria

PARTIES

CYRIL O. OSAKUE APPELLANTS

1. FEDERAL COLLEGE OF EDUCATION (TECH) ASABA2. DR. F. E. ULINFUN (PROVOST)3. F.U. ADUWA (DEPUTY REGISTRAR)? RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant as Plaintiff filed an action against the Respondents as Defendants/Counter Claimants wherein they sought for a declaration that the purported termination of his appointment by the Senior Management Committee of the 1st Defendant by a letter dated the 30/3/90 Ref. No. FCE(T) AS/REG.38/Vol.1/ 39 is null and void and of no effect whatsoever, among other reliefs. The Defendants filed a defence countering the Plaintiff’s claims which were responded to by way of a Reply from the Plaintiff/Appellant. The Appellants’ case is that he was employed as a Senior Lecturer at the 1st Defendant’s College of Education in 1987. Upon resumption with the Defendant/Respondent, the Appellant was assigned first as Acting Dean of the School of Education from 1987 – 89 and secondly as Head of Department of Education from September – December, 1989. The School Authorities were not satisfied with his performance as to the two posts so he was removed and replaced by Dr. Akinmoyewa and Compah – Keyeke/respectively. The relationship between the Plaintiff and his immediate successors became strained. The strained relationship also extended to the 2nd Defendant. There were series of communications between the Plaintiff and the College Authorities with the Plaintiff accusing the latter of witch-hunting. Series of queries were issued to the Plaintiff and in answer to same he revealed that he had secured admission into the University of Benin where he was pursuing a Ph.D. programme. Upon confirmation by the College authorities that he embarked upon a full-time post-graduate (Ph.D.) programme without permission, he was served with a query by the Management Committee who requested his appearance before them. The Plaintiff replied to the query but failed to appear before the Management Committee. The Senior Management Committee via a letter to the Plaintiff decided that the Plaintiff should tender his resignation from his appointment within 7 days. The Plaintiff failed to resign his appointment as demanded by the Senior Management Committee and so on 30th March, 1990 his appointment was terminated hence this action against the Respondents. At the conclusion of the hearing, the trial court in his considered judgment dismissed the Appellant’s claims and held that the Senior Staff Management Committee complied with the provisions of the Guidelines Decree No. 43 of 1988. He also found that the Senior Staff Management Committee acted as an agent of the Minister of Education and so the Defendants can avail themselves of the ouster clause contained in Decree No. 12 of 1994; consequently the jurisdiction of the High Court to entertain the Plaintiff’s claims was ousted by Decree No. 12 of 1994. Being dissatisfied with the said judgment, the Appellant lodged the instant appeal.

HELD

Appeal Upheld

ISSUES

?    Whether the Respondents can seek refuge under Decree No. 12 of 1994 to justify the termination of Appellant’s employment??    Whether the trial High Court, Asaba has the jurisdiction to hear the case in view of the parties involved, the nature of relief sought and the relevant provision of the law

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

Constitution (Suspension and Modification) Decree No. 107 of 1993Federal Colleges of Education Act Cap 129 Laws of the Federation of Nigeria 1990

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