SHOREMI JCA (Delivering the Lead Judgment): This appeal
emanated from the Federal High Court sitting at Benin City where the appellant then the plaintiff in his amended statement of claim dated 7 June 2004, claimed in the following terms:
A declaration that the letters of the defendant Nos. VC/ 1PR/145 dated 10 August 2001 and VC/IPR/45 dated 13 November 2001 inviting the plaintiff to appear before the Senior Staff Disciplinary Committee is ultra vires the defendant thereby null and void. A declaration that the deliberations of the Governing Council of the defendant on 26 November 2001 which - considered the report of the Senior Staff Disciplinary Committee which investigated the allegation that during the 1998/99 session when the plaintiff was acting head of department he “arbitrarily upgraded all failed marks in LAL. 224” is ultra vires the said Governing Council and thereby null and void. A declaration that the consequent letter No. REG/SSA/ P.2413/179 of the def endant …