<p><strong>ALI ABUBAKAR BABANDI GUMEL, J.C.A. (Delivering the Leading Judgment): </strong>This is an appeal against the judgment of the Federal High Court, Akure Division delivered on 11th July, 2011 in Suit No. FHC/AK/CS/69/2010.</p><p> The Respondent was the Plaintiff at the lower Court. In an action by way of an Originating Summons brought pursuant to Order 3, Rules 6 and 9 of the Federal High Court Rules, 2009 it sought for the determination of 2 questions. They are:</p><p> &quot;1. WHETHER the renewal of the appointment of the 2nd Defendant on 10th June 2010 by the 1st Defendant is not illegal by virtue of Section 8 of the Federal Universities of Technology Act (Cap F23) Laws of the Federation of Nigeria 2004.</p><p> 2. WHETHER the 2nd Defendant is qualified for re-appointment for 5 years with effect from October 4, 2010 when he is due to retire from the Public Service on December 25, 2014 at the age of 60 years.&quot;</p><p> Upon the determination of these questions, it also sought for 2 declarations and 3 reliefs as follows: -</p><p> &quot;1. A D…</p>