National Electric Power Authority V. B. Atukpor (2000)

LawGlobal-Hub Lead Judgment Report

MUKHTAR, J.C.A.

This is an appeal against the ruling of the High Court of Oyo State sitting in Ibadan delivered on 28th November, 1996 on a preliminary objection that the Court lacked jurisdiction to hear the case, raised by the defendant, who is now the appellant. The claims in the High Court, as per the writ of summons and the statement of claim are as follows:

(i) Declaration that the purported dismissal of the plaintiff from the services of the 1st defendant by a letter dated 18th March, 1992 is unconstitutional, contrary to the rules of natural justice and/or procedures laid down in the conditions of the appellant’s appointment, irregular, illegal, null, void and of no effect.

(ii) Mandatory order directed to the 1st defendant to reinstate the plaintiff to the position where his contemporaries are in the employment of the 1st defendant.

(iii) An order directing the 1st defendant to pay the Plaintiff’s arrears of salary and other emoluments from 18th March, 1992 until the plaintiff is fully reinstated to the employment of the first defendant.

(iv) N1.5 million Naira as general damages suffered by the plaintiff as a result of the dismissal.

As was pleaded in the statement of claim, the plaintiff was employed as an Assistant Time Keeper by the 1st defendant on 1st June, 1977, and became an Investigation Officer. His duties included:- the checking of meters, illegal connections and taking evidence against other staff. In the course of these duties, he disconnected the light of one Mr. Ayodimeji. On the payment of the necessary fees, the High Investigation Officer directed that the metre should be replaced, but he couldn’t find it, so he was ordered to pay a sum of N285.00 to the defendant by the District Commercial Manager, which he did. A query was issued to the plaintiff which he answered and he was summoned to appear before an Ad hoc committee, and dismissed by a letter dated 18th March, 1992 in breach of the rule of natural justice, since he had been punished for the same offence.

In its pleadings, the 1st defendant denied most of the plaintiff’s allegations and the fact that the commercial manager gave the plaintiff any directive to pay the alleged sum of N285.00, or that the amount was in excess of the actual consumption. The answer to the query issued to the plaintiff was unsatisfactory, so it set up a disciplinary committee to which the plaintiff testified and agreed that, he misappropriated the alleged metre. At the close of pleadings, the defendants filed a notice of preliminary objection as follows:

“…that the ground upon which this application is made is that, having regard to the provisions of section 230(1) (q) and (s) of the Constitution (Suspension and Modification) Decree No.107 of 1993 and the recent Court of Appeal judgment in University of Abuja v. Professor Kingsley Owoniyi Ologe (1994)4 NWLR (Pt.445) at page 706, this Honourable Court has no jurisdiction to entertain the suit herein as the same involves questions relating to the validity of an Executive/Administrative decision taken by a Federal Government Agency”.

Both counsels made their submissions on the objection, and the learned trial Judge after a thorough consideration of the submissions overruled the objection. Dissatisfied with the ruling, the defendant appealed to this Court on two grounds of appeal which read:

“The learned trial Court erred in law when it held that the Oyo State High Court has jurisdiction to adjudicate on this case”

Particulars of Error

1. The learned trial Judge acknowledged in his decision that appellant’s counsel relied on the following binding authorities namely:

(a) University of Abuja v. Kingsley Owoniyi Ologe (1996) 4 NWLR (Pt. 445) 906.

(b) Section 230(1)(q) and (s) of 1979 Constitution as amended by Decree 107 of 1993 and failed to properly consider the acknowledged authorities and wrongly appraised or construed the said statutory and judicial authorities and failed to apply, the same to this case in his ruling.