CaseLaw
University Of Jos V. Ikegwuoha (2013) CLR 3(m) (SC)
Judgement delivered on March 1st 2013
Brief
Facts
The Respondent as Plaintiff in paragraph 14 of his Statement of Claim dated the 27th April, 1998 at pages 3 and 4 of the record of Appeal claimed against the Appellant as Defendant at the Federal High Court Jos as follows:-
The facts as stated in the statement of claim are that the Plaintiff was at all material times a lecturer II in the Department of Political Science of the University of Jos having initially been offered appointment as a Temporary Lecturer on the 22nd January, 1993, a post with respect to which he assumed duty on the 27th January, 1993.
The Plaintiff averred that in accordance with his conditions of service he was interviewed by a full panel, was found appointable and had his appointment regularized with effect from the 12th August, 1994. He became due for confirmation on the 27th January, 1995 and applied to be so confirmed. The Plaintiff went on to aver that both his Head of Department and his Dean of Faculty recommended him for confirmation in accordance with the rules and regulations of the Defendant and instead of confirming him the Defendant purported to act on a purported protest by a few students who were instigated to write a petition against the Plaintiff to refuse to confirm him, an act which was ultra vires as the protest letter was not only false and malicious but was also not genuine.
The Plaintiff also averred that a majority of students wrote a rejoinder to the protest letter and absolved him of all the false allegations. It was further averred that the Defendant went out of its way to set up a three man panel in a grand design to refuse to confirm him, and instead purported to act on extraneous matters and initiated proceedings for the termination of the Plaintiffs appointment by reason of which the Plaintiff has been put too much inconvenience and has suffered loss and damage.
The Appellant as Defendant filed a Statement of Defence dated the 6th December, 1998 but led no evidence in substantiation of same. Only the Plaintiff gave evidence in support of his averments.
Addresses of Counsel were thereafter taken and in a judgment delivered on the 27th January, 2000, the claim of the Plaintiff was dismissed in its entirety.
Aggrieved at the Federal High Court judgment, the Plaintiff appealed to the Court of Appeal Jos Division which allowed the appeal. The concluding part of the lead judgment of the Court of Appeal hereinafter referred simply as the lower court stated thus, "The Appeal thus succeeds and the Appellant's claim is hereby allowed and relief (b) in the Statement of Claim are granted as prayed i.e. "(b) The Respondent is hereby directed to confirm the Plaintiff as a Lecturer II in the Department of Political Science of the University of Jos with effect from 27th January, 1995 with all his promotions, allowances and entitlements. The judgment of the lower court is hereby set aside. Costs are assessed at N10,000.00 in this Court and N5,000.00 in the lower court in favour of the Appellant.”