EDOZIE, JSC (Delivering the Lead Judgment): This appeal deals with wrongful termination of appointment and raises the vexed question as to whether the Head of State in exercising his power as the visitor of the University of Benin can lawfully terminate the appointment of an employee of the University pursuant to Decree No. 17 of 1984, now known as Public Officers (Special Provisions) Act, Cap. 381, Vol. 21, Laws of the Federation 1990. (Act for short)
The appellant, E. A. Emuze was on 14th September, 1970 appointed by the University of Benin, the 2nd respondent, as Executive Officer Accounts and in 1974, he rose to the post of Accountant. Thereafter, in 1977 he was deployed to the Internal Audit Department as the Principal Accountant. He remained in that department until 1987 when the Head of State, who was also the visitor to the University set up a Visitation Panel to look into the affairs of the University between 1975 and 1985. On the completion of its assignment, the Visitatio…