KWARA STATE POLYTECHNIC
V.
AFOLABI

NWEZE JCA (Delivering the Lead Judgment): The first respondent, a staff of the Kwara State Polytechnic (hereinafter referred to as “the appellant”), was interdicted on account of her alleged role in certain fraudulent activities in the bursary department of the appellant. She was later suspended. The said first respondent and two others were arraigned on a First Information Report [FIR] before a Magistrate Court for the offences of criminal conspiracy; forgery and theft. While the proceedings in the FIR were still subsisting, upon the complaint of the appellant, the office of the Director of Public Prosecution (DPP) issued a legal advice, a legal opinion which exonerated the first respondent from the allegations, the subject matter of the proceedings in the FIR. Sequel to, and emboldened by the said advice, she (first respondent) commenced an action at the High Court of Kwara State, Ilorin Division (hereinafter referred to as “the lower court”) against the appellant and the second r…