Aba v. Board of Directors NIPOST & Anor (2022)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

JOHN INYANG OKORO, J.S.C. (Delivering the Lead Judgment)

This is yet another appeal which calls to question the evaluation of evidence by the two lower Courts. It is against the judgment of the Court of Appeal holden at Makurdi in Appeal NO.CA/J/47/2010 delivered on 27th day of February, 2013 dismissing the Appellant’s appeal against the decision of the Federal High Court of Nigeria sitting at Makurdi delivered on 18th June, 2009.

​A brief facts of the case which has now given birth to this appeal are that the Appellant, a retired staff of the 1st Respondent was, while in service, in a letter dated 28th May, 2001, promoted by the 1st Respondent from the position of a Chief Postal Controller on Grade Level 14 to Assistant Postmaster-General (Operations) on salary Grade level 15.

The said promotion was to take effect from 17th May, 2001. Barely about one year and seven months on the new position, the 2nd Respondent wrote another letter to the Appellant dated 9th December, 2002 reversing the earlier promotion from grade level 15 to grade level 14 citing compulsory career termination ceiling pegged at grade level 14 for holders of Higher National Diploma (HND). His salary was deducted consequent upon the said reversal but later refunded upon his complaint.

Upon his retirement from service in 2003 he collected his payment voucher for gratuity dated 3rd September, 2004 only to discover that his gratuity was computed on Grade level 14 and the monthly pensions following were computed on Grade level 14. He initiated a flurry of complaints which the Respondents in the reply dated 24th July, 2007 did not accede to. The Appellant then commenced Suit NO.FHC/MKD/CS/2008 at the Federal High Court, Makurdi on 18th July, 2008 wherein he claimed against the Respondents as follows:

(a) A declaration that the purported reversion of the plaintiff from grade level 15 step 9 to Grade level 14 vide the Defendant’s letter with REF: NIP/PM/PROM/32/SNR/VOL.XIV dated 09/12/2002 was wrong, illegal malicious, and therefore null, void, and of no effect whatsoever.

(b) A declaration that from the totality of the facts and circumstances of this case the plaintiff ought to and indeed retired from the services of the Defendants on grade level 15 step 9 and therefore is entitled to all the financial and monetary benefits accruing to officers of that Grade level.

(c) An order directing the Defendants to immediately pay or cause to be paid to the plaintiff the total sum of N1,285,067.10 being the total outstanding gratuity and pension arrears due to him from the date of retirement to date.

(d) A further order directing the Defendant to maintain and or continue paying the plaintiff the total monthly pension sum relevant to and accruable to a retired officer of grade level 15 step 9.
(e) Interest at the rate of 20% on the accrued gratuity and pension arrears of N1,285,067.10 from the 30/06/2008 to the date of judgment

(f) Interest at the rate of 15% on all sums granted to the plaintiff from the date of judgment till final satisfaction.
(g) General damages in the sum of N5,000,000.00 for victimization, equitable treatment, and the psychological and emotional stress the plaintiff was subjected to by the Defendants.

(h) The cost expenses of this suit including solicitors fees assessed at N500,000.00 (Five Hundred Thousand Naira) only.

​At the conclusion of trial, the learned trial Judge dismissed the action for being statute-barred, howbeit granted all the claims in the alternative in case she was wrong on the issue of the case being statute-barred. The Appellant’s appeal to the Court of Appeal was dismissed thus giving rise to the instant appeal by the Appellant.

Learned counsel for the Appellant, M. A. Tsuwa, Esq filed the Appellant’s brief of argument on 29th October, 2013 wherein he distilled two issues for determination from the four Grounds of Appeal filed as follows:
(1) Whether or not the issue of statute of limitation is one of such jurisdictional issues which can be raised at any stage of proceedings, even for the first time on appeal in the Supreme Court. (Distilled from grounds 1 and 2 of the grounds of appeal)

(2) Whether or not the plaintiff/Appellant’s issue of non-payment of this monthly pension, canvassed in paragraph 26(d) of the statement of claim is capable of being caught up by the statute of limitation prescribed in Section 59(1) of the NIPOST ACT CAP N127 Laws of the Federation of Nigeria, 2004 (Distilled from grounds 3 and 4 of the grounds of appeal).