Godfrey Isievwore Vs National Electric Power Authority (2002)

LAWGLOBAL HUB Lead Judgment Report

U. ONU, J.S.C.

The plaintiff, herein appellant sued the defendant, herein respondent in the Edo State High Court holden at Benin claiming as follows:

“(i) A declaration that the defendant’s letter dated 29th July, 1991 purporting to retire the plaintiff from the service of the defendant as senior artisan (M/R/T) is null and void and of no legal effect.

(ii) A declaration that the plaintiff is still in the service of the defendant and as such he is entitled to his salaries and emoluments and

(iii) An order that plaintiff be reinstated.”

Pleadings were ordered, filed and amended but before the case went to trial, the appellant, in addition, filed a reply. Because of the vital role the pleadings have played in this case, I set out hereunder the salient paragraphs of the plaintiff’s amended statement of claim, defendant’s further amended statement of defence and plaintiff’s amended reply as follows:

PLAINTIFF’S AMENDED STATEMENT OF CLAIM

“(1) The plaintiff is a Nigerian, a public servant in the service of the defendant as a meter reader.

(2) The defendant is one of the parastatal (sic) wholly (sic) owned by the Federal Government and it’s carrying (sic) on business of the (sic) generating and sales of electricity throughout Nigeria with the state’s headquarters at Akpakpava Road, Benin City. All servants of the defendant including the plaintiff are public servants within the meaning of the constitution of Nigeria, 1979.

(3) The plaintiff avers that he joined the service of the defendant as a meter reader at Sapele in 1982 and after working in Sapele for sometime was transferred to Benin city. The plaintiff will at the trial rely and found upon his letter of appointment.

(4) The plaintiff avers that his appointment with the defendant was permanent and pensionable.

(5) The plaintiff avers that on the 15th of August, 1991 the defendant served the plaintiff with a letter dated 29th of July, 1991 purporting to retire the plaintiff from the service of the defendant. At the trial the plaintiff will rely and found upon the said letter.

(6) The plaintiff is only 30 years old and still has about 30 years to serve before he can be retired compulsorily from the service of the defendant at the age of 60 years….

(7) The plaintiff avers that defendant has no right to retire the plaintiff from the service of the defendant as the plaintiff was not informed of having committed any wrong. The plaintiff will contend at the trial that the purported retirement is against the principles of natural justice and as such the purported letter of retirement and or the purported retirement is null and void and of no legal effect. The plaintiff will at the trial rely and found upon the National Electric Power Authority handbook which contains the condition of service and which handbook was given to the plaintiff at the time he was employed.