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Raji v. University of Ilorin

DR. AJEWUMI BILI RAJI

V

UNIVERSITY OF ILORIN

THE GOVERNING COUNCIL UNIVERSITY OF ILORIN

STAFF DISCIPLINARY AND APPEAL COMMITTEE UNIVERSITY OF ILORIN

PROFESSOR SHUAIB OBA ABDULRAHEEM

( Vice Chancellor, University of Ilorin )

MR. MURTALA TUNDE BALOGUN

( Registrar and Secretary, Governing Council University of Ilorin)

COURT OF APPEAL

( ILORIN DIVISION )

ABOYI JOHN IKONGBEH JCA ( Presided )

TIJJANI ABDULLAHI JCA

HELEN MORONKEJI OGUNWUMIJU JCA ( Read the Lead Judgment )

CA/IL/53/2005

WEDNESDAY, 31ST MAY, 2006

MASTER AND SERVANT - Allegations of misconduct - Setting up panel of investigation on - Right of an employer to do so

MASTER AND SERVANT - Employment with statutory flavour Termination of - Acceptable mode of

NOTABLE PRONOUNCEMENT on the impropriety of an employee leaving his duty post without employer’s consent

STATUTE - Statutory disciplinary power - Whether can be delegated 

STATUTE - Statutory provisions - Waiver of - Impossibility of

STATUTE - University of Ilorin Act, Cap. 455 Laws of the Federation, 1990 -  Delegation of delegated power or duty under - When can be done

STATUTE - University of Ilorin Act, Cap. 455 Laws of the Federation, 1990 -  Section 15(1)(b) and (c) thereof - Right of a party to make representation to council and arrangement for a joint committee of the council and senate under

Issue:

Whether the trial Judge was right to have held that neither the provisions of the University of Ilorin Act relating to disciplinary procedure nor the provisions of the 1999 Constitution relating to fair hearing were breached by the respondents in terminating the appointment of the appellant.

Facts:

The appellant was a senior lecturer in English at the department of modern European languages, faculty of Arts at the 1st respondent university, university of Ilorin. He was a senior academic staff of the university.

He was awarded the Alexander von Humboldt research fellowship in February 2000 by Western Germany. He applied for study leave from the authorities of the university and executive approval from the vice chancellor, but due to time constraint he left the country without the necessary approval.

The governing council wrote to him, severally asking him to appear before it, but he wrote back from Germany giving reasons why he could not return to Nigeria to appear before it. He was later asked to return not later than 21st December, 2000 or regard his appointment as terminated. He did not return. The 2nd respondent wrote him, terminating his appointment.

The appellant brought a suit against the respondents herein, claiming inter alia, that his employment was unlawfully/wrongfully terminated by the respondents that he was denied fair hearing under section 5 of the University of Ilorin Act or under section 36(1) of the 1999 Constitution. The trial Judge at the end of trial found for the respondents. Aggrieved, he appealed to the Court of Appeal.