The Attorney-general of Kwara State & Ors. V. Alhaja Kike Ojulari (2006)

LawGlobal-Hub Lead Judgment Report

OGUNWUMIJU, J.C.A.

This is an appeal against the judgment of Hon. Justice J. F. Gbadeyan of the Kwara State High Court of Justice, Ilorin, delivered on 30th March, 2004 entering judgment in favour of the plaintiff and dismissing the defendants’ counter-claim.

The facts which gave rise to this appeal are as follows:-

The respondent was employed by Kwara State Water Corporation in 1973. By 1975 she had risen to the rank of Principal Store Officer.

Sometime in December, 1995, the respondent was served a letter from the 2nd appellant alleging that she (the respondent) falsified store record which resulted in losses to the government to the tune of N7,970, 120.00 (Seven Million, Nine Hundred and Seventy Thousand, One Hundred and Twenty Naira) only and that she made away with materials belonging to the appellants without proper documentation resulting in loss of N7,970,120.00 (Seven Million, Nine Hundred and Seventy Thousand, One Hundred and Twenty Naira) only.

Sequel to above, the respondent wrote a reply, giving answers to the allegations levelled against her. Two panels were set up to investigate the matter and based on the findings of the panels, the respondent was sanctioned by the issuance of a letter dated 29th June, 1998, wherein her employment was terminated and she was told to refund the sum of N5,086,258.50 to the Government.

Aggrieved by the dismissal from service and the order to refund the sum of N5,086,258.50 the respondent as plaintiff filed an action in the lower court by a writ of summons dated 20/7/98, and an amended statement of claim on 18/11/2003. The appellant as defendant in the lower court filed on 8/2/2000 a statement of defence and a counter-claim dated 4/2/2000. The respondent filed a reply to the statement of defence and counter-claim on 8/5/2000.

The plaintiff in the lower court claimed the following reliefs:”

i. A declaration that report of Disciplinary Committee on losses of Japanese AID of Kwara State Water Corporation as it affects the plaintiff is null and void and of no effect whatsoever as the procedure adopted was irregular and the plaintiff denied fair hearing.

ii. An order quashing the white paper report of the Disciplinary Committee on losses of Japanese grant-aid materials, recovery of losses, ordering the plaintiff to refund the sum of N5,086,258.50 to Government coffers, being ultra vires.

iii. A declaration that the Disciplinary Committee on losses of Japanese aid materials of Kwara State Water Corporation has no power to try or determine the involvement of the plaintiff in any allegation of fraud or falsification of records which are criminal allegations except by law court created under the 1979 Constitution of the Federal Republic of Nigeria.

iv. A declaration that the purported dismissal of the plaintiff from the service of Kwara State Government as contained in the letter of 29th June, 1998 ref. No.KWRRD/S101/58 addressed to the plaintiff by the 2nd defendant is null and void and of no effect whatsoever.

v. An order of this Honourable Court re-instating the plaintiff to her position as Principal Stores Officer with the Kwara State Water Corporation without prejudiced (sic) to her entitlements and promotions accruable to her during the period of her purported dismissal.

vi. An order of perpetual injunction restraining the defendants through their servants, agents, privies, or anybody acting on their complaints or authority from giving effect or implementing the letter of 29th June, 1998 ref. No. KWRRD/S/101/58.