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NASARAWA STATE UNIVERSITY & ANOR v. SAMUEL BETERE NEKERE

(2018) LPELR-44550(CA)

In The Court of Appeal of Nigeria

On Friday, the 1st day of June, 2018

CA/MK/190/2012


Before Their Lordships

JUMMAI HANNATU SANKEY Justice of The Court of Appeal of Nigeria

ONYEKACHI AJA OTISI Justice of The Court of Appeal of Nigeria

JOSEPH EYO EKANEM Justice of The Court of Appeal of Nigeria


Between

1. NASARAWA STATE UNIVERSITY
2. THE VICE CHANCELLOR NASARAWA STATE UNIVERSITY - Appellant(s)

AND

SAMUEL BETERE NEKERE - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Labour Law.
FACTS:
This appeal is against the judgment of the High Court of Nasarawa State, Keffi Judicial Division in Suit No. NSD/K63/2009 delivered on 13/7/2012.

The facts of the case are that the Respondent was a permanent and pensionable employee of the 1st Appellant. On or about 7/1/2008, he received a query from the Registrar of the 1st Appellant requesting an explanation as to how the 2007/2008 admissions' list of the 1st Appellant contained more names than the original list. The Respondent answered the query admitting that he added some names to the list out of pressure from some members of staff of the 1st Appellant and also apologized for his conduct. The 1st Appellant caused an ad-hoc committee to investigate the matter. Respondent appeared before the committee which afterward issued a report. On 3/6/2008, the Respondent was served with a letter terminating his appointment with the 1st Appellant.  After exhausting internal remedies of the 1st Appellant to no avail, the Respondent on 16/10/2009 took out a writ of summons accompanied, inter alia, by a statement of claim in which he claimed some reliefs against the Appellants.

The High Court, after taking evidence and addresses of counsel, entered judgment in favour of the Respondent granting reliefs 1, 2, 3, 4 and 7 and refusing reliefs 5 and 8.

Dissatisfied with the decision, the Appellant appealed to the Court of Appeal.

ISSUES:
The Court determined the appeal on the issues raised by the Appellant and couched as follows:

(1) Whether in view of the amendment of Section 254C of the Constitution of the Federal Republic of Nigeria 1999 (as amended) by the 3rd Alteration Act which became operative on the 4th day of March, 2011, the trial High Court had the jurisdiction to proceed with the matter up to the stage of delivery of judgment?

(2) Whether based on the provisions of the Public Officers Protection Act, the suit instituted by the Respondent before the trial High Court, was not statute-barred?

(3) Whether the trial Court was right to have declared that the termination of the appointment  of the Respondent was null and void and thereafter ordered the reinstatement of the Respondent despite the trial Court's findings that the Respondent is culpable in the allegations against the Respondent.

DECISION/HELD:
On the whole, the Court found no merit in the appeal and accordingly dismissed same.


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