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