CORAM

OLABODE RHODES-VIVOUR

PARTIES

SYLVANUS EZE APPELLANTS

RESPONDENTS

AREA(S) OF LAW

Not Available

SUMMARY OF FACTS

The Appellant/ Applicant by a motion on Notice sought an order of this court granting him leave to raise and argue fresh issue of law for the first time before the Supreme Court against the decision of the Court of Appeal. The facts of the case was that the Appellant  whilst being a lecturer, it was alleged that he was demanding and receiving money from newly admitted students without the authority of the University and hence was queried and subsequently placed on suspension by the Vice Chancellor of the University. The Appellant consequently appeared before the Council/Senate Disciplinary Committee to defend himself and the report of the Disciplinary Committee was considered by the University which consequently dismissed him. Dissatisfied with the report of the committee the Appellant filed an action at the Federal High Court Jos Division, challenging his dismissal from the service of the Respondent. The trial court dismissed the suit and a further appeal to the Court of Appeal was also dismissed, hence the instant appeal wherein the learned counsel for the Appellant challenged the dismissal on grounds that the lower courts failed to consider the Respondent’s non-compliance with section 15 of the University of Jos Act, before dismissing the Appellant hence it amounted to a denial of fair hearing.

HELD

Application granted

ISSUES

?    Whether the application to raise fresh issue of law for the first time before the Supreme Court should be granted in the interest of justice

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

Constitution of the Federal Republic of Nigeria 1999 amended.University of Jos Act

CLICK HERE TO READ FULL JUDGMENT