HON. JUSTICE KALU ANYAH & ORS. V. DR. FESTUS IYAYI

KARIBI-WHYTE, J.S.C. (Delivering the Leading Judgment): This appeal of the appellants has raised again, the now common issue of the proper application of the provisions of the Public Officers (Special Provisions) Decree No. 17 of 1984, relating to the exclusion of the jurisdiction of the courts in respect of acts done pursuant to the Decree.

The Facts:

The facts of this case material to the action before the court are not in dispute. Summarily stated, the 3rd appellant purporting to be acting in implementation of the Report of a Visitation Panel into the 4th appellant University, and on the directive of 1st and 2nd appellants terminated the appointment of the respondent, a member of the academic staff of the 4th appellant University. When plaintiff brought an action challenging the exercise by appellants of powers under Section 16 of the University of Benin Edict No. 3 of 1971, the appellants have now invoked the provisions of the Public Officers (Special Provisions) Decree No. 17 of …