DR. MONDAY GONI NYIENAKUNA V. UNIVERSITY OF UYO & ORS

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court sitting in Uyo, delivered on the 7th of March, 2013, dismissing the suit. Dissatisfied, the Appellant filed this appeal.

Appellant (as plaintiff) instituted the suit at the lower court by originating summons and raised the following questions for determination by the court:

1. Whether by virtue of the combined provisions of chapter 2 paragraphs 2.14 and 2.15 of the conditions of service of the 1st Defendant, the plaintiff can resign his appointment with the 1st Defendant?

2. If the answer to 1 above is in the affirmative, and having regards to the conditions of service of the 1st Defendant and the position of the law, whether the Defendants have discretion either to accept or refuse the resignation of the plaintiff?

3. Whether upon resignation from the Defendant's employment, the Defendants can still exercise any further right of sanction against the plaint…