Alhaji Abdullahi Baba V. Nigerian Civil Aviation Training Centre (1986)

LawGlobal-Hub Lead Judgment Report

UMARU MAIDAMA, J.C.A.

This is an appeal by the plaintiff against the decision of the Kaduna State High Court, dismissing the plaintiff’s claim in its entirety. The action was commenced with a writ of summons dated 9th February, 1982, which was endorsed as follows:-

“The plaintiff’s claim against the defendant is for the sum of ten thousand Naira (N10,000) for special and general damages for wrongful termination of the appointment by the defendant.”

After pleadings have been ordered and filed, the plaintiff brought an application for leave to join Alhaji Yahaya Bamidali (Principal, Nigerian Civil Aviation Training Centre) as co-defendant. After leave had been granted, the plaintiff was allowed to amend the particulars of his claim to reflect the joinder. As a result, the defendants were also allowed by the trial court to amend their statement of defence. The reliefs sought by the plaintiff in his amended statement of claim read thus:-

(1) A declaration that the letter of termination from the 1st defendant dated 27th of October 1981 and issued by the authority of the 2nd defendant at Zaria under the of one LB. Lawal for the 2nd defendant is wrongful, void and of no effect what-soever in that the said letter and the decision to terminate the plaintiff are (a) ultra vires (b) capricious (c) malafide and (d) an abuse of power.

(2) A declaration that the letter of termination dated 27th of October, 1981 issued by the authority of the 2nd defendant is contrary to the staff Regulation of the 1st defendant and therefore null and void.

(3) A declaration that the plaintiff holds and still holds a permanent pensionable appointment as Security Officer on Grade Level 07 and an order that the plaintiff is entitled to the following benefits with effect from 27th October 1981. That is to say:-

(i) Salary at going rate for Grade level 07 i.e. two hundred and thirty six Naira (236.00) per month from November 1981 to November, 1984, amounting to eight thousand, seven hundred and thirty two Naira (8732.00)

(ii) Leave allowance for three years at one hundred and sixty Naira (N160.00) per annum, amounting to N480.00)

(iii) Salary at going rate for Grade Level 07 i.e. 236.00 from November 1984 until judgment is delivered.

At the trial only the plaintiff gave evidence and called one witness. The defendants did not adduce any evidence but rested their case on that of the plaintiff. The case of the plaintiff was that the defendants by their letter.

Exhibit A dated 4th December 1979, offered him an appointment as an Assistant Security Officer on salary Grade Level 06. The letter of offer. Exhibit A reads:-

“Our Ref. C.SAF.2.2/APDC/JS/A/Vol.1II/238 4th Dec 1979

Alhaji Abdullahi Baba