NASARALAI ENTERPRISES LTD. VS ARAB BANK NIGERIA LTD.
July 21, 2025A. T. BAKARE VS T. S. APENA
July 21, 2025Legalpedia Citation: (1986) Legalpedia (SC) 10813
In the Supreme Court of Nigeria
Fri Jul 4, 1986
Suit Number: SC. 152/1985
CORAM
IRIKEFE JUSTICE, SUPREME COURT
A.B WALI – JUSTICE, SUPREME COURT
NNAMANI JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
PARTIES
M. O. EPEROKUNPROF. J. A. EKUNDAYOPROF. C. O. ORANGUN B
APPELLANTS
UNIVERSITY OF LAGOS
RESPONDENTS
AREA(S) OF LAW
STATUTORY PROVISIONS FOR THE REMOVAL OF ACADEMIC AND ADMINISTRATIVE OFFICERS
SUMMARY OF FACTS
In this appeal, the judges were asked by the appellants to hold that Olaniyan & Ors. vs. University of Lagos (1985) 2 N. W.L.R. (Pt.9) 599 was correctly decided and that consequently, the facts in that case being admittedly on all fours (with but one slight variation) with those in the instant case, the judgment of the Supreme Court in the case should go the way Olaniyan went. For the respondent the Supreme Court were asked to hold that OLANIYAN was decided per in curiam and that being a full-court, the Supreme Court should overrule the said case and uphold the decisions of the two lower courts. The High Court of Lagos State after hearing the two sides in this case upheld the respondents claims against the appellants while at the same time dismissed the latters counter-claims. The appellants appeal against the decision of the High Court was dismissed and also by the Court of Appeal. The appellants further appealed to the Supreme Court.
HELD
The appeal was allowed. The judgments of the High Court and the Court of Appeal was set aside.
ISSUES
1. Whether in the circumstances disclosed by the evidence, the court of first instance could say that this was a simple case of termination and no more or of removal from office on the ground of alleged misconduct.
2. That if the respondent has evidence of misconduct it can, at will, waive it and proceed to act on clause 7 of the memorandum of agreement.
RATIONES DECIDENDI
Section 17 of the University of Lagos Act No. 3 of 1967
“It must be remembered that Section 17 of the University of Lagos Act No. 3 of 1967 is an enactment designed to protect the interests of the appointee and not the other way round.” Per IRIKEFE, C.J.N.
IMPORTANCE OF Constitutionally entrenched provisions,
“In my view, constitutionally entrenched provisions, particularly those safeguarding individual rights, should not, save in a fascist system, be lightly trampled upon. An appointee should not have the spectre of misconduct hanging over his head without being given an opportunity of clearing his name.” per IRIKEFE, C.J.N.
CASES CITED
Ridge v. Baldwin -1964 A.C. p.42
STATUTES REFERRED TO
Not Available
