CORAM

MICHAEL E. OGUNDARE , JUSTICE, SUPREME COURT

M.L. UWAIS, CHIEF JUSTICE, NIGERIA

U. MOHAMMED

A.I. IGUH

PARTIES

THE COUNCIL OF FEDERAL POLYTECHNIC, MUBI APPELLANTS

YUSUF MUBI RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant is a creation of statute, the respondent is a senior employee of the Appellant. The Respondent and one other senior employee were suspected of masterminding the circulation of an anonymous letter that was regarded as offensive hence, the Respondent was terminated from the Appellant’s employment by a letter dated 9th January, 1987.

HELD

The appeal was dismissed and the concurrent judgments of the lower courts was affirmed.

ISSUES

1. Whether the Court of Appeal was right when it held that the onus of proving the conditions of service of the Plaintiffs/Defendants lay on the Defendant/Appellant. 2. Whether the Court of Appeal was right when it held that The Federal Polytechnic Decree 1979 (Decree No. 33 of 1979) was the applicable law to the cause of action

RATIONES DECIDENDI

CASES CITED

1. Olaniyan & Ors. v. University of Lagos (1985) 2 NWLR (Pt. 9) 5992. Eperokun & Ors. v. University of Lagos (1986) 4 NWLR (Pt. 34) 1623. Shitia-Bay v. Federal Civil Service Commission (1981)1 SC 404. Aiyetan v. NIFOR (1987) 3 NWLR (Pt. 59) 485. Olatunbosun v. NISER (1988) 3 NWLR (Pt. 80) 256. Federal Civil Service Commission v. Laoye (1989) 2 NWLR (Pt. 106) 652.

STATUTES REFERRED TO

Federal Polytechnics Act,|

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