Facts:

The respondent was the Bursar of the University of Ilorin, the appellant, and thus a principal officer of the institution. The respondent’s appointment was terminated by the appellant on the 28th of February 1985. At that time the respondent did not protest and instead accepted six months salary in lieu of notice and other entitlements such as leave grants and leave bonuses. He thereafter took up appointment as an accountant with Messrs Oyamoye & Co., a firm of Chartered Accountant.

Six years less two days after the respondent’s appointment was terminated by the University, he filed an action before the High Court of Kwara State sitting at Ilorin, where he asked the court inter alia for a declaration that the termination of his appointment by the University “due to poor performance of assigned responsibilities” without giving him the opportunity to defend himself against the allegation is contrary to the provisions of the University of Ilorin Decree, 1979 and section 33 of the Constitution of the Federal Republic of Nigeria and therefore unlawful, unconstitutional, null and void.