The Shell Petroleum Development Company Of Nigeria Limited & Anor V. Douglas Eriata & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment)

This appeal emanated from the Judgment of High Court of Justice Warri Division in the Delta State of Nigeria in Suit No. HOR/24/2000 ? DOUGLAS ERIATA VS (1) SHELL PETROLEUM DEVELOPMENT COMPANY LIMITED (2) V.S. OLAREWAJU (3) COMMISSIONER OF POLICE, DELTA STATE delivered on the 26th day of April, 2004.

Briefly, the facts of this case are that by Paragraph 27 of the Statement of Claim, the Plaintiff claimed ?

(1) Against the Defendants jointly and severally, a declaration that the alleged termination of the Plaintiff?s appointment on the 9th of January 1997, following his suspension from duty vide letter dated 7th January 1997 is improper, wrongful, illegal, unconstitutional, null and void and against the principles of natural justice.

(2) Against the 3rd Defendant, a Declaration that his ratification of the termination of the Plaintiff?s appointment vide letter Ref ? AH/6700/DTS. Volume 1/74 of 18th February 1997, is contrary to the provisions of the Police Act 1967 and therefore improper, wrongful, illegal,

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unconstitutional, null and void.

(3) Against the 1st and 3rd Defendants jointly, an order setting aside the alleged termination of appointment of the Plaintiff from the services of the 1st Defendant and a consequential order enjoining the 1st Defendant to pay to the Plaintiff all her accrued and withheld salaries, other emoluments and benefits from the 7th of January 1997 till the date of Judgment in this suit, and thereafter till the services of the Plaintiff with the 1st Defendant are properly severed in accordance with the provisions of the Police Act, 1967.

(4) Against the 2nd Defendant ?

(i) The sum of (N1,000,000.00) One Million Naira being damages for malicious instigation and procuring the wrongful termination of the appointment of the Plaintiff from the services of the 1st Defendant.

(ii) The sum of (N1,000,000.00) One Million Naira as Damages for defamation of character by maliciously publishing of the Plaintiff to be involved ?in a drinking spree? even though he knew her to be a serving supernumerary Police Constable in the services of the 1st Defendant?s Security Department.

?At the end of

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hearing, Judgment was entered in favour of the Plaintiff.