Bukar Modu Aji Vs Chad Basin Development Authority (2015)

LAWGLOBAL HUB Lead Judgment Report

MARY UKAEGO PETER-ODILI, J.S.C.

This is an appeal against the judgment of the Court of Appeal sitting at Jos affirming the decision of the Federal High Court Maiduguri, Borno State Coram: Shehu Yahaya J. dismissing the case of the Appellant.

FACTS BRIEFLY STATED:

The proceedings culminating into the present appeal were commenced before the Federal High Court, Maiduguri. The Appellant as the Plaintiff initiated the civil action against the Respondents as Defendants through a writ of Summons and statement of Claim filed on the 4th day of September, 1996 wherein he claimed as follows:

“a. A declaration that the dismissal of the Plaintiff from the service of the 1st Defendant by the letter with reference NO.CBDA./CON/26/W/504 of 3rd May, 1996 is unconstitutional, null, void and of no effect whatsoever.

b. An order reinstating the plaintiff to his working place with an Order compelling the Defendants to be promoted to the position he is entitled under the Federal Civil Service Rules.

c. An order compelling the Defendants and or his (sic) agents to pay all entitlement due and accruable from the date of his dismissal to the date of his re-instatement.

a. General damages of N10,000,000.00 (Ten Million Naira).

b. Costs of this Suit.”

The 1st Respondent filed a 4 paragraph Statement of Defence dated the 2nd day of December, 1996 and filed on 20th February, 1997 contending in its paragraph 4 as follows:-

a. That this suit be struck out on the ground that it seeks to challenge an action taken by the Head of State under the public Officers (Special Provisions) Act Cap. 381 Laws of the Federal Republic of Nigeria, 1990.

b. The 1st Defendant shall also contend that the dismissal of the Plaintiff was valid in law and as such that the suit be dismissed.”

The 2nd Appellant as the 2nd Defendant on the 12th day of June, 1997 filed a 5 paragraph Statement of Defence dated 11th, June 1997 contending that:

“This suit be struck out on the ground that it seeks to challenge an action taken by the Head of State under the Public Officers (Special Provisions) Act Cap.381) Laws of the Federal Republic of Nigeria, 1990. The 2nd Defendant shall contend that this suit be dismissed.”