Edward Aiyetan V. The Nigerian Institute Of Oil Palm Research (1987)

LawGlobal-Hub Lead Judgment Report

NNAMANI, J.S.C. 

In this Suit which began in the Benin Division of the High Court of Bendel State, the appellant, who was Plaintiff therein, sued the respondent Institute claiming the following reliefs:

“(1) A declaration that the dismissal or purported dismissal of the Plaintiff by the Defendant as contained in a letter reference No. P.C. 1030/238 dated the 15th day of September, 1980 from the services of the Nigerian Institute for Oil Palm Research with effect from 15th September, 1980 is unlawful in that it is against the principle of natural justice, ultra vires, null and void and of no effect.

(2) A Declaration that the Plaintiff is still in the service of the Nigerian Institute for Oil Palm Research and is entitled to his full remuneration and leave Bonus from the date of the purported dismissal.

(3) A Declaration that the Plaintiff is also entitled to all his entitlements as an employee of the Defendant.

(4) A Declaration that the Plaintiff who is an employee to the Defendant be immediately re-instated.”

It is necessary to set down briefly the facts which culminated in this Suit. The Plaintiff as per his evidence was employed by the defendant on the 3rd day of March, 1952 as a daily paid worker at the rate of 2s, 3d, per day. When his appointment was confirmed in 1958 his post was made pensionable. He became an Assistant Executive Officer on Grade Level 06 in 1974 and was posted to the Plantations Management Division, General Duties under one Mr. J. N. Uwangue. As a paymaster the Plaintiff accompanied Mr. Uwangue and one Monday Okenwa and one Sadiku Jonali to the Standard Bank Benin City from NIFOR on 17th September, 1979 to collect salaries of daily paid workers. Owing to shortage of change, the plaintiff collected and took away from the Bank the denominations of monies that he originally asked for contrary to the specifications earlier supplied to the bank.

The Plaintiff claimed that he was advised on arrival at NIFOR, by Mr. Uwangue to send Monday Okenwa, his assistant, with the sum of N12,000 to the accountant to be changed into smaller denominations of N5 and N1 notes respectively. When Monday Okenwa did not return from the accounts division after 30 minutes, Plaintiff reported first to Mr. Uwangue and later to the Police that Monday Okenwa did not return with the N12,000.

As a result of Police investigation of the complaint lodged by the Plaintiff, the Plaintiff was charged along with Monday Okenwa and 4 others to Igue Kenwan Magistrate’s Court with the offence of conspiracy and stealing the sum of N12,000. During the course of the trial, the Plaintiff received a letter of interdiction which was tendered in these proceedings as Exhibit’ A’. The Plaintiff was subsequently discharged and acquitted of the charge on 3rd March, 1980.

By a letter dated 4/7/80 and received in evidence in these proceedings as Exhibit “C”, the Plaintiff was invited by the respondent to appear before the Board of Inquiry. The nature of the invitation, terms of reference of the Board of Inquiry. its report, are matters which are crucial in this case and I intend to deal with them later. For the moment the appellant claimed that the suggestions he made at the Board of Inquiry were subsequently implemented by the Respondent.

The report of the Board of Inquiry was tendered in the proceedings as Exhibit “G.” Subsequent to the report of the Board of Inquiry, the Plaintiff was dismissed by a letter dated 15th September, 1980 and tendered in the proceedings as Exhibit “D.” It is also pertinent to add here that the plaintiff claimed that he was entitled to pension and gratuity at the time he was dismissed. He also claimed that prior to that dismissal he did not receive any query and no charge was levelled against him. It is also pertinent to mention at this stage that the respondent, who was the defendant therein, counter-claimed as follows:- as set down in paragraphs 17 and 21:-

“(17) The Defendant avers that the Plaintiff took for his use instead of the use of the Defendant, the said N12,000 belonging to the Defendant entrusted with him as a servant. In the alternative the Defendant will contend that the Plaintiff by giving the said money to Monday acted negligently and in defiance of instructions and caused the loss of N12,000 to the Defendant ….

(21) The Plaintiff has failed to pay back to the Defendant the said sum of N12,000 despite repeated demands. Wherefore the Defendants Counterclaim against the Plaintiff is for N12,000 being that part of the Defendant’s money given to the Plaintiff to pay over to the Defendant’s employees as salaries on 17th September 1979 in NIFOR within Benin Judicial Division which amount the Plaintiff failed to pay to the Defendant’s employees or negligently caused to be lost in the course of his duties as paymaster in the Defendant’s employment.”

Following the claim by the Plaintiff set down above, pleadings were ordered, filed, and delivered. I do not propose to set down the entire pleadings. I will only set down paragraphs 10, 12, 13 of the Statement of Claim and paragraphs 4, 5, and 13 of the Statement of Defence which touch on the main issues on which this appeal revolved. These paragraphs were in these terms.