Toyinbo v. UBN PLC (2022)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

IBRAHIM MOHAMMED MUSA SAULAWA, J.S.C. (Delivering the Lead Judgment)

The instant appeal is a fall-out of the judgment of Court of Appeal, Ilorin Judicial Division delivered on July 21st, 2008 in appeal No. CA/IL/48/2007.

By the judgment in question, the Court below allowed the Respondent’s appeal, and set aside the judgment of the trial High Court of Ekiti State.

BACKGROUND FACTS
The Appellant was a former staff of the Respondent prior to the termination of his appointment vide the Respondent’s letter, dated January 8th, 2001.

Consequent upon the termination of his appointment, the Appellant instituted the suit vide a writ of summons dated 09/12/2003 at the trial Court, thereby claiming against the Respondent the following reliefs:
(a) A declaration that the termination of the plaintiff’s appointment vide letter dated 8th day of January 2001 is illegal, unconstitutional, null and void and of no effect whatsoever.
(b) N50,000,000.00 (Fifty Million Naira only) Special and General damages.
(c) Costs of this action.

Having duly filed and exchanged the respective parties’ pleadings, the suit proceeded to trial. At the close of which, the trial Court delivered the vexed judgment to the conclusive effect:
Having held thus far I hereby make the following orders:

1. It is hereby declared that the defendant’s letter dated 8th day of January 2001, which purported to terminate the appointment of the plaintiff from the services of the defendant is illegal and wrongful.
2. I award sum of N11,682,738.00 to the plaintiff against the defendant representing loss of earning for the year 2001- 2020
3. I award a sum of N8,000,000.00 to the plaintiff against the defendant as general damages.
4. I assess the costs of this action at N350, 000.00 in favour of the plaintiff
5. The plaintiff shall pay a sum of N69,407.20k to the plaintiff by way of counter claim.

The Respondent was dissatisfied and thus appealed against the said judgment of the trial Court. The Court below having been seized of that appeal delivered judgment on 21/07/2008, thereby upholding the Respondent’s appeal and setting aside the judgment.

On March 15th, when the appeal came up at long last for hearing, the learned counsel addressed the Court and adopted the argument contained in the respective briefs thereof, thereby resulting in reserving judgment to today.

The Appellant’s brief, settled by Ayodeji Oluromi Odu Esq., spans a total of 57 pages. At pages 3-4 thereof, four issues have been nominated for determination of the appeal, viz:
i. Whether the Court of Appeal was not wrong when it held that the appointment of the appellant was validly terminated because he cancelled his signature of an internal voucher of the Respondent which cancellation amounts to misconduct and disobedience to the instruction of a superior when there was no appeal against or argument canvassed by any of the parties on the issue before the Court of Appeal (Grounds 2. 3. 4. & 9)

ii. Whether the Court of Appeal was not wrong when it held that the alleged payment and receipt of a month’s salary in lieu of notice as provided for under Exhibit D (Conditions of Service) amounted to a valid termination of the Appellant’s appointment, (Grounds 1, 5, 6 & 8).

iii. Whether the Court of Appeal was not wrong when it overruled the Appellant’s preliminary objection on failure of the Respondent to seek leave of the Court of Appeal to argue issue B2 covering ground 5 of the Respondent’s Appeal before the Court of Appeal. (Ground 7).

iv. Whether the Court of Appeal was not wrong when it set aside the award of damages made by the trial Court in favour of the Appellant (Ground 10).

Issue No. 1 is extensively canvassed at pages 5-24 of the brief. In the main, it is submitted that the Court below was in error when there being no ground of Appeal nor argument canvassed on the issue before it, it suo motu raised the issue again and set aside the findings of fact of the trial Court on the issue. See OMNIA (NIG) LTD VS. DYKTRADE LTD (2007) 2 NWLR (pt. 1058) 576 @ 617 paragraphs D per Ogbuagu, JSC; EJOWHOMU VS. EDOKCETER MANDILLAS LTD (1986) 9 SC 41 @ 47; DABO VS. ALHAJI ABDULLAHI (2005) 7 NWLR (pt. 923) 181 @ 206.

Conclusively, it is argued that the consideration of the issue of cancellation of the Appellant’s signature on the internal voucher of the Respondent, when there was no ground of appeal against the findings of fact on the issue, the matter treated administratively and the Appellant absolved by the Respondent, seriously prejudiced the Appellant’s case and occasioned a miscarriage of justice.