(2004) JELR 49461 (CA)    

Court of Appeal  ·  CA/J/254/2001 ·  7 Jul 2004 ·  Nigeria
Other Citations
Haruna v. Uniagric, Makurdi (2005) 3 NWLR (Pt.912)233
ALOMA MARIAM MUKHTAR Justice of The Court of Appeal of Nigeria OLUDADE OLADAPO OBADINA Justice of The Court of Appeal of Nigeria IFEYINWA CECILIA NZEAKO Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
senior staff
dean of students
fair hearing
disciplinary cases
terms of reference
1st defendant
2nd defendants
federal universities of agriculture decree no.
further reply
administrative committee
exhibits ss1
honourable minister of agriculture
students rampage of june
termination of his employment
university council
1st respondent
absence of council
conditions of his employment
disciplinary measures
governing body of the university
provisions of sections
transgression of section
act of lawlessness
behalf of the council of the university
benue state
careful evaluation of evidence
claim of the appellant
composition of the various committees
federal high court
federal universities of agriculture decree no.48
federal university of agriculture
following day
learned counsel
major victim of the said students rampage
personal property of university staff
powers of the said investigation panel
purported determination of plaintiff
pursuance of senate investigation panel report
recommendation of the senate investigation panel
relevant paragraphs of the plaintiff
said investigation panel
serious destruction of the property of the university
such details
termination of his appointment
vice chancellor

NZEAKO, J.C.A. (Delivering the Leading Judgment): At the Federal High Court, Jos Division, the appellant herein, as the plaintiff had challenged the termination of his employment with the 1st respondent, the 1st defendant in the court below. The appellant was non-suited by the learned trial Judge, Gumel, J. who delivered his judgment dated 5th May, 2001 on 17th July, 2001 after learned counsel for the parties delivered their final address on 23rd January, 2001.

Dissatisfied, the plaintiff appealed to this court on 10 grounds. The claim of the appellant in the court below are as follows:-

(a) A declaration that the recommendation of the Senate Investigation Panel to the effect that plaintiff be "reprimanded" removed as Dean of Students and deployed elsewhere" acted upon by the 1st and 2nd defendants and culminating in plaintiff's determination of employment is ultra-vires the powers of the said investigation panel having regard to its terms of reference on the students rampage of June …

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