Compulaw - 1st Indigenous Digital Law Library

Brief

Ground of appeal
Contract of employment
Termination of employment
Appeal
Issue estoppel
Industrial Arbitration Panel
National Industrial Court

Facts

The appeal emanated from the Court of Appeal Ilorin delivered on the 12th of July 2006. The 1st - 5th Appellants Dr. Taiwo Oloruntoba-Oju, Dr. A.S. Ajayi, Dr. Adeyinka Banwo, Dr. Sola Ademiluka and Mr. O.O. Olugbara were employed by the 3rd Respondent, the University of Ilorin, as members of the academic staff in various departments of the university. The 1st - 4th Appellants were Assistant-lecturers and the 5th Appellant was a junior Research fellow. The Appellants were employed on terms and conditions stated in their letters of appointment and memorandum of appointment. All the foregoing documents potrayed the Appellants as senior staff of the University on permanent and pensionable appointment. A clause in the letters made their appointments subject to other conditions of service specified for such status in the University Regulations governing the senior staffs conditions of service. Exhibit II before the Court,and the University of Ilorin Act - Cap.455 Laws of the Federation 1990. All the foregoing documents also make provisions for the termination of appointments of the Appellants. The Appellants executed the memorandum of appointment at the inception of their appointment. On gleaning through the provisions of the University Senior Staff Regulations Exhibit II, Regulations 1.1.3 at page one provides as follows:-

"A member of staff shall hold office on such terms and conditions of service as may be set out in any contract in writing between him and the University. Such contract being signed on behalf of the University, by the Registrar or by such other persons as may be authorised for that purpose by the university, and any such contract shall contain or be deemed to contain a provision that the terms and conditions therein specified are subject to the provisions of the Act, the statutes and Regulations of the University."

On the 15th of May 2001 the university wrote to all the Appellants letters of cessation of their appointments. A copy of this letter produced verbatim reads as follows:-

Dr. I. Oloruntoba – Oju Dept. of modem European Language, University of Ilorin Ilorin.
Dear Dr. Oloruntoba-Oju Cessation of Appointment

"I am to inform you that the university does not require your services any longer and, in tune with your letter of appointment Ref. No. UI/SS/E/PF/1910 of 24th February 1987 and the memorandum of appointment which you signed on 4th March, 1987 you will be paid three months salaries in lieu of notice."

You will please ensure that you settle immediately any indebtedness that may be outstanding against you."

Thanks you,

Yours sincerely

M.T. Balogun (Sgn) Registrar and Secretary to Council.

A replica of this foregoing letter was sent to all the other four Appellants. They headed for the Federal High Court Ilorin which shall henceforth be referred to as the trial Court to challenge the termination of their appointments.

They headed for the Federal High Court, Ilorin to challenge the termination of their appointments claiming several declaratory and mandatory reliefs against the Respondents.

The trial Court held that the letters of appointments and memorandum as to terms of agreement signed by the Appellants were subject to the Senior Staff Regulations and the University of Ilorin Act and therefore granted all the reliefs of the Appellants by way of entitlements, salaries and allowances.

Aggrieved by the decision of the trial Court, the Respondents appealed to the Court of Appeal Ilorin which reversed the judgment of the trial Court and held that the appeal was meritorious. Aggrieved by the decision of the Court of Appeal, the Appellants appealed to the Supreme Court.

Issues

1
Whether the majority Justices of the Court of Appeal were right in holding

Oloruntoba-Oju V. Abdul-Raheem (2009) CLR 6(h) (SC)

Brief

Facts

Issues