Mr. Abdullahio. Enesi & Ors V. Federal Airports Authority Of Nigeria (Faan) (2009)

LawGlobal-Hub Lead Judgment Report

RAPHAEL CHIKWE AGBO, J.C.A.

The appellants were in 1995 servants of the respondent. In 1995, the respondent terminated the employment of the appellants along with several others claiming to have received the approval so to do from the Head of State and Commander-in-Chief of the Armed Forces and founding their authority so to do on S.1(1) of the Public Officers (Special Provisions) Act 1983 (Decree 17). All attempts to resolve the matter administratively failed and in 2003 each of the appellants filed a suit at the Federal High Court challenging the termination of their appointments. The three suits were consolidated. Upon service on the respondent of the appellants’ writs of summons and Statement of Claim, the respondent challenged the competence of the suits on the ground that they were statute barred contrary to S. 26 of the Federal Airport Authority of Nigeria Act NO.9 of 1996 which provides that any action against the respondent not brought within one year of the accrual of the cause of action was statute barred. The preliminary objection was argued at the court below and the court, in a considered ruling on 6th October 2004, declined jurisdiction and struck out the suit. Not satisfied with this judgment, the appellants have filed this appeal.

The only ground of appeal in the amended notice of appeal and its particulars are short and bear reproduction:

“GROUND 1

The learned trial judge erred in law in holding that Section 26(1) of the FAAN Act, NO.9 of 1996 applies to this case so as to rob it of jurisdiction to adjudicate over it.

PARTICULARS

The various requirements listed in Section 26(1) of the FAAN Act for the section to apply are not present in this case.

Briefs of argument were exchanged by the parties. The appellants filed their brief of argument on 4-/7/06 and their reply brief on 9/10/07. The respondent filed its brief of argument on 25-9-07. The appellants distilled only one issue for determination to wit: – “Whether the provision of S. 26 of FAAN Act NO.9 of 1999 as amended applied to this case?” The respondent adopted the issue as articulated by the appellants.

Before going into the arguments of the parties and for the full understanding of the issue, it is necessary to reproduce the letter of termination of appointment, the bone of contention in this disputation. This letter was written by the respondent to each of the appellants.

“LETTER OF TERMINATION

I am directed to inform you that the Head of State, Commander-In-Chief of the Armed Forces has approved the Termination of your appointment from the services of the Federal Airports Authority of Nigeria (FAAN) with effect from 1st December, 1996. This is in pursuance to Section 1(1) 2 of the Public Officers (Special Provision) Act – Decree No. 17, 1984.

I am also to inform you that your terminal benefits shall be paid to you in accordance with the Authority’s Condition of Service.

You are to hand over all Government property in your possession to your Head of Department accordingly.

E.I. Osibo (Mrs.)