Independent National Electoral Commission V. Chukwuka C. Okoronkwo (2009)

LawGlobal-Hub Lead Judgment Report

OLUKAYODE ARIWOOLA, J.C.A

This is an appeal against the judgment of the Federal High Court, sitting in Enugu, delivered on 23rd December, 2005 by Hon. Justice A.A.B. Gumel in which the Plaintiff/Respondent’s claims were granted against the Defendant/Appellant.

At the lower Court, the Respondent had claimed against the Appellant as follows:

“(i) Declaration that the purported suspension of the Plaintiff and confirmed in Defendant’s correspondence Ref. NECON/AN/P.59/90 of 13th September, 1997 from the service of the Defendant is wrongful, ultravires, null and void and of no effect whatsoever.

(ii) Declaration that plaintiff is entitled to be (sic) continue in his employment in the service of the Defendant uninhibited by the said letter of suspension.

(iii) Declaration that Plaintiff is entitled to his salary, promotion and other emoluments and benefits from 13th September, 1997, paid to the Plaintiff immediately upon the determination of the suit.

(iv) N1, 000,000.00 (One Million Naira) damages for wrongful suspension.

The gist of the case goes thus: The respondent was an employee of the Appellant since sometime in 1989 as an Administrative Officer. He served in various Local Governments of Anambra State, including Ikwo Local Government, Idemili Local Government, Ogbarn Local Government, Onitsha South Local Government, Orumba North Local Government, Oyi Local Government and Ayamelum Local Government where in 1997 January the Respondent was made the substantive Electoral Officer. He was later posted to Anambra East Local Government where he remained until he was allegedly suspended. He was promoted twice from Grade Level 8 to Grade Level 9 and from 9 to 10 in 1992 and 1996 respectively.

Sometime in January, 1997, Anambra Local Government was split into Anambra East and West Local Governments which division did not go down well with the people, and there were protests. As the election of 15/3/97 did not cover the split area, a bye election was ordered and scheduled for 31/7/97, but the election was later cancelled on the morning of the Election Day.

Subsequently, the INEC Office at Otuocha, Anambra East Local Government Council was engulfed in flames and was burnt down. The Respondent made a written report of the incident to the Appellant’s headquarters. However, on 7/8/97 and 15/8/97 he was asked to report to the headquarters to explain the fire incident. Other Staff of the Appellant were also asked to report at the Headquarters with him and they complied. He was later suspended by a letter dated 13/9/97. He was never arraigned before or convicted by any Court of Law. He is aware that the Police investigated the fire incident.

Pleadings were ordered, filed and exchanged. The case proceeded to hearing based on the following processes: Statement of Claim dated and filed 25/4/2000, undated Amended Statement of Defence filed on 16/05/2003 and Reply to Amended Statement of Defence dated and filed on 2/12/2003. The Plaintiff testified and tendered various documents while the Defendant called one witness who testified in defence. At the end of the hearing, in a considered reserved judgment, the Court granted the Plaintiff’s claims.

Dissatisfied with the decision, the Defendant on 22/2/2006 filed a Notice and Grounds of appeal dated 21/2/2006 with six (6) Grounds of Appeal which, without the particulars are as follows:

Grounds of Appeal:

1. The Honourable Court erred in law when it held thus;

“I hold that when this suit was filed on 25/4/2000 it was not statute barred. I also hold that the Plaintiff has a live cause of action to enforce and this Court is fully seased (sic) of competence and jurisdiction to entertain this matter as presently constituted.”