Judgment
UWANI MUSA ABBA AJI, J.S.C. (Delivering the Leading Judgment): The Appellants were all senior staff and employees of the Respondent Institution, whose appointments were terminated at different dates from 1995 to 1999 because inter alia they were sent on various training overseas by the 1st Respondent and after the completion of their courses and allowed time, refused to return to the 1st Respondent. By an Originating Summons dated 17/7/2000, the Appellants sought the following reliefs before the Federal High Court, Abuja: 1.
A declaration that there is no provision in Decree No. 48 of 1992 as amended by Decree No. 11 of 1993, that permits or allows the 1st, 2nd and 3rd defendants, their servants or agents to perform or do all or any of the functions/duties of the 4th defendant specified in Section 3(2), 6, 10, 11, 15 and 16 or any other Section of Decree No. 48 of 1992, in the absence of the 4th defendant being duty constituted and or without the approval/delegation of the 4th defendant; and consequently every action or decision taken by the 1st, 2nd and 3rd defendants which ought not to have been taken by the 4th defendant and which were taken by the
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1st, 2nd and 3rd defendants in the absence of the 4th defendant or without the approval or sanction of the 4th defendant between January 1997 – 11th July 2000 A.D; were ultra vires, null and void and of no effect whatsoever. 2.
A declaration that there is no provision in Decree No. 48 of 1992 as amended by Decree No. 11 of 1993, that permits or allows the 5th defendant herein to step into the shoes and assume the role, functions and duties of the 4th defendant as specified in SS. 3(2), 6, 10, 11, 15 and 16 or any other Section of Decree No. 48 of 1992 when the said 4th defendant is not constituted and in place and consequently every approval purportedly given to the 1st, 2nd and 3rd defendants by the 5th defendant from January 1997 – 11th July 2000 A.D; on behalf of and or in place of the 4th defendant is ultra vires, null and void and a breach of Decree No. 48 of 1992 as amended. 3.
An order quashing the warning letters issued to the 1st and 3rd plaintiffs, letters of suspension of the 2nd and 3rd plaintiffs from supervision of the postgraduate students, letters of termination of the appointments of the 4th, 5th and 6th plaintiffs on the grounds
