Ikemefuna C. Amadiume & Anor. V. Mrs Agnes Solomon Ibok & Ors. (2005)

LawGlobal-Hub Lead Judgment Report

JEAN OMOKRI, J.C.A

This is an interlocutory appeal against the Ruling of Edem, J., in Suit No. HC/496/2002 delivered on 13/8/2003, wherein the court dismissed the application filed by the appellants and held that from the evidence before it, the appellants were proper parties in the suit and that the court has jurisdiction to entertain the suit before it.

The appellants are the airport manager and operations manager respectively of the Calabar Airport, Calabar, and employees of the Federal Airport Authority of Nigerian (hereinafter called FAAN). The respondents were the former principal, vice principal (academic) and (admin) respectively of FAAN Secondary School, Calabar, located within the said airport.

Following some management problem and or financial irregularity, the FAAN set up an audit committee to look into the affairs of FAAN Secondary and Primary Schools. Sequel to that, the 1st appellant issued a letter dated 15/10/02 to the respondents, placing them on compulsory leave. Unhappy with the state of affairs, the respondents instituted proceedings against the appellants before the High Court of Cross River State on 6/11/02, whereby they claimed in their statement of claim at pages 4 – 7 of the record as follows:

“Wherefore the plaintiffs claim against the defendants jointly and severally as follows:

(a) A declaration that the plaintiffs are entitled to remain in their offices as the Principal, Vice Principal (admin) and Vice Principal (Academic) of the Federal Airport Authority or Nigeria Secondary School without any harassment or molestation by the defendants or their agents.

(b) A declaration that the conduct of the defendants in disgracefully ordering the plaintiffs out of their offices aforesaid is wrongful and a wanton breach of the contract of service between the plaintiffs and the School Management Board of that School.

(c) An Order of injunction restraining the defendants by themselves, their servants or agents or howsoever from compulsory removing the plaintiffs from their respective offices as Principal, Vice Principal (Admin), Vice Principal (Academics) or in any manner preventing or continuing to prevent the plaintiffs from discharging their functions accordingly.

(d) The sum of N900,000,000.00 (Nine Million Naira) special and general damages against the defendants jointly and severally for harassment intimidation and unjustified molestation of the plaintiffs.

(e) An order of cancellation of any compulsory leave or reversal of any other action purportedly taken against the plaintiffs by the defendants.”

On being served with the claim of the respondents and before commencement of hearing of the suit, the appellants brought a motion on notice dated 20/3/2003 and filed the same day praying for an order striking out the suit on the ground of incompetence. See pages 47 – 48 of the record.

The gists of the application are two fold:

“(1) That the appellants are not the owners of the school and have no powers to own the school. They are servants to the Federal Airport Authority of Nigeria.

(2) That the compulsory leave of the respondents was an administrative act and therefore not actionable.”