A. R. Momoh V. Central Bank of Nigeria (2007)

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HON. JUSTICE ABDU ABOKI, J.C.A.

This is an appeal against the Judgment of Justice J. Adah of the Federal High Court, Abuja delivered on the 28th of June 2004, dismissing the claim of the Plaintiff/Appellant, and granting in part the Counter-claim of the Defendant/Respondent by ordering the Plaintiff/Appellant to vacate the Defendant/Respondent’s Staff Quarters within three days of the Judgment.

The facts of this appeal are briefly stated as follows: The Appellant was an employee of the Defendant/Respondent as a Senior Manager, Transport and Travels office in the Administration Department at Abuja, on Central Bank of Nigeria Salary Scale 04. By a letter dated 18/4/99, the Plaintiff/Appellant was placed on Suspension without pay for alleged grave misconduct. By another letter dated 19/8/99 which was delivered to him on 23/8/99 the Plaintiff/Appellant was given a query in which he was requested to explain to the satisfaction of the Director of Personnel of the Defendant/Respondent on or before 23/8/99 why disciplinary action should not be taken against him in accordance with Chapter 6 of the Defendant/Respondent’s Staff Manual. The Plaintiff/Appellant delivered his reply to the said query and thereafter by a letter dated 6/9/99 he was invited to appear before the Central Disciplinary Committee of the Defendant/Respondent which was to commence sitting from 8th to 14th September, 1999. By another letter dated 15/9/99 the Appellant was again invited to appear before the same Committee on the 20/9/99 to further defend himself which he did. At the end of its deliberation on the Plaintiff/Appellant’s case, the Central Disciplinary Committee recommended that he be demoted to the grade of Manager and retired from the Bank.

However by another letter dated 26/10/99, the Plaintiff/Appellant was again invited to appear before an “Inter-departmental Committee” set up to review the report of the Central Disciplinary Committee. Some time in February, 2000 the Plaintiff/Appellant said he was informed by his brother in-law that the Bank had pasted a letter on a notice board of the Bank’s Senior Staff Quarters dated 1/2/2000 dismissing him from the services of the Defendant/Respondent.

The Plaintiff/Appellant alleged that he was never served with a copy of the said letter.

The Plaintiff/Appellant instituted an action at the lower Court on the 16/5/2001, claiming in his amended Statement of Claim dated 29/10/2003 as follows:

”a. A declaration that the purported Summary Suspension and the subsequent Dismissal of the Plaintiff from the services of the defendant vide letter Ref. PER/SRO/SUSP/VOL.2/252 of 18/8/99 and PER/3 SRO/OrSM/CF.1530/Vol.1/98 dated 1st February, 2000 respectively is irregular, wrongful and/or unlawful, unconstitutional, null, void and of no effect whatsoever

b. An order setting aside the letter of suspension as well as the letter of dismissal aforesaid.

c. A further order directing the defendant to pay the Plaintiff all his salaries and allowances beginning from the date of his suspension up to his date of retirement which is 7/6/2002 and thereafter to compute and pay him a/l his retirement benefits.

The Defendant/Respondent in its further amended Statement of defence and Counter claim dated 4th March 2004 stated as follows:

“18. WHEREOF the Defendant Counter-claims against the Plaintiff as follows:

(a) AN ORDER directing the Plaintiff to vacate the Defendant’s Flat No. 61, Block C11, Central Bank of Nigeria Senior Staff Quarters, Garki II Abuja within three (3) days from the date of Judgment;

(b) Payment of the sum of N41,666.67 (forty-one thousand, six hundred and sixty-six Naira, Sixty-seven Kobo) per month For use and occupation of Flat No. 61, Block C11, Central Bank of Nigeria Senior Staff Quarters, Garki II Abuja from 1st February 2000 till date of Judgment and thereafter until he vacate the said premises.

The Plaintiff/Appellant alone testified and tendered some documents to establish his claim against the Defendant/Respondent.