Akinola Arobieke V. National Electricity Liability Management Company (2017)

LAWGLOBAL HUB Lead Judgment Report

MARY UKAEGO PETER-ODILI, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Calabar Judicial Division (Coram: Dalhatu Adamu, JCA, Christopher M. Chukwuma-Eneh JCA (as he then was) and Jean Omokri JCA, delivered on Monday, the 23rd day of May, 2005 in which it set aside the decision of C. C. Nwaogwugwu J, of the Federal High Court, Calabar.

The Federal High Court, hereinafter referred to as the trial Court had on the 6th day of October, 1998 made an order of certiorari, quashing the proceedings, findings and recommendations of the respondents Ad-hoc Disciplinary Committee on the basis of which the appellant’s appointment was terminated.

FACTS BRIEFLY STATED:

The appellant was an employee of the respondent. At all times material, he was deployed to the Calabar District Office and held the office of Assistant Manager (O & M). His schedule of duties included the supervision of Head of Fitters, Head of Cable, Head of 33KV Line Maintenance, Head of 11KV Line Maintenance, Trainee (IT) Officer 1 (O & M) and he reported to the Manager (Distribution).

On or about

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26th June, 1996, the appellant was allegedly in a case of co-ordination and supervision of unauthorized extensive electrical maintenance works at the Calabar Wood Company Limited in conspiracy with one Mr. O. J. Oyira and using other workers of the Respondent for private monetary benefit from the said company. In engaging in his unauthorized venture (business) the appellant perpetuated his unlawful act using the servants of the respondent (under his official control), the official time of the respondent and the respondent’s filtration plant.

When these alleged activities came to the knowledge of management of the respondent, which was a clear violation and abuse of office by the appellant, the management conducted initial investigation which was followed by a query to the appellant dated 25th June 1996 – REF.3114.5 NOL.XI/96/3236. Queries were also issued to others found involved in the unauthorized works.

The appellant was also placed on interdiction. The query served on the appellant carried the offences and breaches levelled against him, properly formulated, which duly informed him of the penalty, which was dismissal as a possible result for

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which he was required to respond within 48 hours. He signed for same on 27th June, 1996.

The responses received from other workers similarly queried for the illegal and unauthorized maintenance works, were attached to the appellants query and served on him, (These were responses from Messrs Oyira J. Oyira and E. Akioyemen who colluded with appellant in the works). (See Exhibits KGA 3 & KGA 4 at Pages 26 – 27 of record attached to appellants affidavit).

Appellant responded to the queries: