Orders Reinstatement Of Prof. Augustine Angbe As Vice-Chancellor, University Of Cross River State

The Court declared that by the provisions of the University of Cross River State law, the University of Cross River State Governing Council has no right, power, authority, or vires to exercise any disciplinary power over Professor Augustine Angbe or to suspend him from office as the Vice Chancellor of the university.

Justice Kado directed the University of Cross River State and its Governing Council to reinstate Professor Augustine Angbe to his position and office as the Vice Chancellor of the University of Cross River State.

From facts, the claimant, Professor Augustine Angbe had submitted that he was appointed Vice-Chancellor of the University of Cross River State by the Visitor to the university, the executive Governor of Cross River State for a period of five (5) years.

Professor Augustine averred that on 6/5/2024, the chairman of the University of Cross River State Governing Council announced his suspension from the office of the Vice-Chancellor despite no query for any misconduct or reprehensible act, though he was invited vide the Council to comment on certain aspects of the forensic audit report, which he refuted malicious and misleading allegations against him.

The University of Cross River State and its Governing Council filed a notice of preliminary objection praying for the Court to strike out the suit for having not been initiated by due process of law and for want of jurisdiction.

The objection was predicated on Professor Augustine’s alleged violation of the National Industrial Court of Nigeria (Civil Procedure) Rules, and further argued that Professor Augustine’s reliefs sought for a declaration cannot be sought through an originating summons.

The 3rd defendant- Attorney-General Cross River State, urged the court to strike out its name from the suit on the grounds that the suit discloses no cause of action against her and that the action can be completely and effectively determined without the presence of the Attorney-General.

Learned Counsel to the University further submitted that in the affidavit in support of the summons, the applicant has made an imputation of crime, which cannot be dealt with by way of originating summons, as this court cannot resolve the criminal issue. Counsel urged the court to strike out the case in its entirety.

Learned counsel averred that the University Governing Council is saddled with the power and responsibility of overseeing the management and activities of the University of Cross River State and in the exercise of its powers that Professor Augustine was suspended on 6/5/2024 in order to allow for unhindered investigation of salary disbursement from 2020 – 2023 and other related issues.

In opposition, counsel for Professor Augustine, contended that the argument of counsel for the AGF on striking out is untenable as the AGF being the Chief law officer of the state, can sue and be sued.

Counsel posited that the notice of preliminary objection on behalf of the University of Cross River State and Its Governing Council is incompetent and submitted that the respondents are under a mandatory duty to accompany their objection with a written address, and urged the court to discountenance the notices of preliminary objection and hear and determine the substantive suit.

After careful analysis of the submission of both parties, the Presiding Judge, Justice Sanusi Kado held that the University of Cross River State and Its Governing Council objection was based on an infraction of the rules of court and not on any statute or constitutional provisions, and that objection to procedural jurisdiction has to be raised timeously and in conformity with the law and it can only amount to irregularity and cannot vitiate the proceedings.

Justice Kado struck out the preliminary objection filed by the University of Cross River State and its Governing Council for being incompetent for failure to accompany the same by a written address by virtue of the rules of the Court.

The Court held that the entire provisions of the University of Cross River State Law, which established the University of Cross River State and its Governing Council conferred on them the power to sue and be sued, there exist no provisions for suspension of the Vice Chancellor.

Justice Kado reasoned that if there is a need for suspension of the Vice-Chancellor from office for purposes of investigation for misconduct which may lead to his removal from office such power can only be exercised by the visitor of the university whom the law empowers to appoint Professor Augustine as the Vice Chancellor of the University of Cross River State.

The Court stated that the disciplinary power of the University Governing Council, as encapsulated in the University Law, does not extend to the Vice Chancellor of the University, and awarded the sum of N1 m in favour of Professor Augustine as cost.