SEGUN OHI AYEWA V. UNIVERSITY OF JOS
In The Supreme Court of Nigeria
On Monday, the 6th day of December, 1999
SC.37/1997
RATIO
TORT: MASTER AND SERVANT RELATIONSHIP
This is a matter of master and servant. The law is that a master can suspend his servant when necessary and there can be no issue of breach of fundamental rights. PER S. O. UWAIFO, J.S.C.
JUSTICES
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria
UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria
SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria
AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria
Between
SEGUN OHI AYEWA Appellant(s)
AND
UNIVERSITY OF JOS Respondent(s)
M. A. BELGORE, J.S.C. (Delivering the Leading Judgment): Clearly, this is a matter of Master and servant,where master places servant on suspension pending investigation of corruption. Corruption is a serious crime and in the ivory tower, the University, it must not be allowed to linger for too long so as to minimize the damage to the academic atmosphere. This has no bearing on issues of Fundamental Right under the Constitution of 1979 or the one of 1999. To say the least, this delay has militated against prompt resolution of the complaint against the appellant. I find no merit in this appeal it is no more than a voyage of discovery, I therefore dismiss it with N10.000.00 costs to respondent.
I. L. KUTIGI, J.S.C.: I agree with the judgment just read by my learned brother Belgore, J.S.C. There is absolutely no merit in the appeal. The Court of Appeal was right when it struck-out the case before the Federal High Court for want of jurisdiction as the case was not properly before that court. The appeal is dismissed with N10,000.00 costs for the respondent against the appellant.
U. MOHAMMED, J.S.C.: I agree with the opinion of my Lord Belgore, J.S.C. that this appeal is devoid of any merit and should be dismissed. The appeal is accordingly dismissed, I affirm the decision of the court below, N10.000.00 costs for the respondent.
S. O. UWAIFO, J.S.C.: The main issue in this matter is whether a servant who is suspended by his master so as to investigate allegations of impropriety levelled against him can have a recourse to the Fundamental Rights provision to prevent that suspension from operating. The lower court has decided that such a scenario is not appropriate for asserting a breach of fundamental rights. I endorse that view, This is a matter of master and servant. The law is that a master can suspend his servant when necessary and there can be no issue of breach of fundamental rights.
I agree with the judgment of my learned brother Belgore, J..S.C. I dismiss the appeal too with N10,000.00 costs to the respondent.
A. O. EJIWUNMI, J.S.C.: After due consideration of the issue raised as could be gathered from the briefs filed by counsel for the parties, it is the view of this court that the appeal is totally devoid or any merit.
The appeal is dismissed. The judgment of the court below is hereby upheld. Costs of N10,000.00 to the respondent.
Appeal dismissed
Appearances
B. James. Esq. For Appellant
AND
D. Moze. Esq. (with him,
D. D. Dodo. Esq.) For Respondent
