Al-bishak V. National Productivity Centre & Anor (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment)

The Appellant herein had as plaintiff in the Lower Court commenced this suit by way of originating summons against the two defendants (now 1st and 2nd respondents). The said originating summons and the Affidavit in support are dated 25-6-1996.

This was substituted with an amended writ of summons and statement of claim dated 18-7-2005 wherein the Appellant as plaintiff sought the following reliefs against the defendants (now respondents) jointly and severally:-

WHEREOF the Plaintiff claim against the Defendants jointly and severally the following;

a. A declaration that the letter of the 1st Defendant Ref. No.ML./NPC/Aa/478/C/1/273 dated 27th May, 1995 purporting to terminate the plaintiff’s employment is null and void as the said letter is contrary to the provisions of the Federal Government Civil Service Rules, particularly Rules 04104, 04107 and 04201;

b. A declaration that the purported termination of the Plaintiffs employment at the National Productivity Centre is unlawful, invalid and unconstitutional as the plaintiff was not given a fair hearing as required by the Federal Government Civil Service Rules;

c. A declaration that the plaintiff is still an Assistant Director (Information Services and Publications) in the employment of the National Productivity Centre and consequently entitled to the normal salaries entitlement and benefits attaching to that office from 27th May, 1996 up till the date of judgment;

d. A declaration that the Plaintiff is entitled to the possession and the continued use and occupation of his official quarters situate a flat 8, LSDPC Executive/Shopping Complex, Gbaja Street, Surulere, Lagos his purported termination being null and void as it is contrary to the Civil Service Rules and the Rules of natural justice;

e. A consequent declaration that the Defendants by themselves and/or their servants or agents or acting in any manner whatsoever are not entitled to forcibly or illegally eject the Plaintiff from the premises at flat 8, LSDPC Executive/Shopping Complex, Gbaja Street, Surulere, Lagos;

f. An order compelling the Defendants to pay the Plaintiff all his arrears of salaries and or emoluments from the time of his purported dismissal up till date of judgment;

h. Cost of litigation at N500,000.00 (Five Hundred Thousand Naira) Only.

The two Respondents reacted by filing their respective statement of defence. In addition, the 2nd respondent filed a notice of preliminary objection seeking the striking out of the suit against it because it is not a proper or necessary party and there is no reasonable cause of action disclosed against it. In a considered ruling delivered on the 4-3-2009 by P. F. OLAYIWOLA J. the said preliminary objection was overruled.

In a nutshell, the facts leading to the institution of the action was that the appellant was employed on probation by the 1st respondent as an Assistant Director Grade level 15 vide a letter of appointment dated 2-9-91. The said letter contain the terms of the employment.

However, the said appointment was terminated by a letter dated 27-5-1996 on a number of grounds which includes acts of misconduct, insubordination, poor track-record of quarreling with all grades of colleagues at work. Upon receipt of the said letter of termination the appellant wrote a petition to the 2nd Respondent and the secretary to the Government of the Federation and Head of Service and having received no reprieve he brought this action.