F.U.T.A.
V.
A.S.U.U.

GUMEL JCA (Delivering the Lead Judgment): This is an appeal A against the judgment of the Federal High Court, Akure Division delivered on 11 July 2011 in suit No. FHC/AK/CS/69/2010. The respondent was the plaintiff at the lower court. In an action by way of an originating summons brought pursuant to Order 3, rules 6 and 9 of the Federal High Court Rules, 2009, it sought for the determination of two (2) questions. They are: “1. Whether the renewal of the appointment of the 2nd defendant on 10 June 2010 by the 1st defendant is not illegal by virtue of section 8 of the Federal Universities of TechnologyAct (Cap. F23) Laws of the Federation of Nigeria, 2004. 2. Whether the 2nd defendant is qualified for re-appointment for 5 years with effect from October 4, 2010 when he is due to retire from the Public Service on December 25, 2014 at the age of 60 years.” Upon the determination of these questions, it also sought for 2 declarations and 3 reliefs as follows: “1. A declaration that the pur…