Dr.G.S. Obo V. Commissioner Of Education Bendel State & Anor. (2001)

LAWGLOBAL HUB Lead Judgment Report

KUTIGI, J.S.C. 

In the High Court holden at Benin City, the plaintiff’s claims against the defendants jointly and severally read as follows:-

“1. A declaration that the purported termination by the defendants of the plaintiff’s appointment as a civil servant in the Civil Service of the Bendel State of Nigeria is unlawful, unconstitutional, null and void.

2. A declaration that the plaintiff is still an officer in the Bendel State Civil Service and entitled to resume his duties and functions therein and to receive and/or enjoy the rights, remuneration, benefits and privileges attached to his post and/or office.
3. A mandatory injunction restoring the plaintiff to his post and/or office and to all his rights, remuneration, benefits and privileges aforesaid.
4. And any other relief or order which the court may deem fit to grant or make in the circumstance.”

Pleadings were filed and exchanged. In their joint statement of defence, the defendants counter-claimed against the plaintiff thus:-

“The 1st defendant counter-claims from the plaintiff the sum of N22,739.49K being the amount fraudulently earned and drawn as salaries from 20th January 1976 to April 1982 as reflected in the statement of account of the N.N.B. (New Nigeria Bank Ltd), Ring Road Branch, Benin City and the plaintiff’s personal emolument cards, (for the same period) both to be founded upon at trial.

PARTICULARS OF FRAUD

(a) The plaintiff was in the USA.

(b) The plaintiff knew that he was granted study leave without pay and withdrew by cheques, to be founded upon.

(c) He did not resume duty at the expiration of the two (2) years granted him.

(d) He did not seek and obtain any letter from the 1st defendant restoring him to his position.

(e) After expiration of two (2) years he did not resume duty and as such as not entitled to any salary from 20th January 1978, when his study leave without pay expired.

(f) He bluntly refused to comply with the directives as to extension of his study leave.

(g) He received at regular interval from the N.N.B. statement of account relating to his current account.”

At the hearing the plaintiff who had filed a statement of claim and a reply to counter-claim offered no oral evidence, but rested his case on the documentary exhibits tendered by him. The defendants on the other hand called a total of five witnesses and tendered a number of documentary evidence as well.