Warri Refinery & Petrochemical Company Ltd. V. Benson O. Agbuje (2004)

LawGlobal-Hub Lead Judgment Report

AUGIE, J.C.A.

This is an appeal against the judgment of Emeordi, J., of the Effurun Judicial Division of Delta State, delivered on the 27th day of September, 1996, wherein the plaintiff’s claim was allowed. The plaintiff who is the respondent/cross-appellant herein had claimed the following reliefs in his statement of claim:-

(a) For an order that the plaintiff is still a staff of the defendant.

(b) A declaration that the purported termination of the plaintiff as per letter dated 8th April, 1993 is unconstitutional, unlawful, ultra vires, capricious, wrongful, invalid and null and void.

(c) An order for the defendant to pay to the plaintiff all emoluments and entitlements including promotions due and payable to him as from April 1993 and to be so calculated until final determination of this suit at N1,827.39 per month from April, 1993 to February, 1994. N6,441.66 per month from March and annual allowance of leave, entertainment bonus and educational assistance until final determination.

(d) An order reinstating the plaintiff with all its promotion with all its (sic) promotions, entitlements to his office.

(e)(i) In the alternative to and above an order that plaintiff be paid salary, and allowance of grade level GSS 3 N1,827.39 per month from April, 1993 to February, 1994; N6,441.66 per month from March, 1994 until final determination of suit as well as accrued annual bonus, annual leave allowance and annual educational assistance being N152,940.00

(ii) Gratuity and pension (at the retirement age of 60 years), which is the year 2008 to be worked out/calculated as per the current approved, rates respectively,

(iii) Salary and allowances due for the unexpired term of 14 years by the year 2008 being N1,266,628.00).

The respondent/cross-appellant as plaintiff further averred as follows in paragraph 19 of the said statement of claim:-

“The plaintiff has tried to secure alternative employment but all to no avail. And the plaintiff claims the sum of N152,000.00 for breach of contract of employment by the unconstitutional, wrongful, unlawful termination of his appointment contrary to the principal (sic) of natural justice.

Particulars of damages

(a) Salary, allowance & annual benefit up to 1994

(i) Arrears of salary from April, 1993 to March, 1994        = 16,268.88