Alhaji Abdullahi Baba V. Nigerian Civil Aviation & Anor (1991)

LawGlobal-Hub Lead Judgment Report

NNAEMEKA-AGU, J.S.C.

This is an appeal by Alhaji Abdullahi Baba who was the plaintiff in this suit in a Kaduna High Court presided over by Chigbue, J. (as he then was). The plaintiffs claim as amended by his amended statement of claim was as follows:

“1. A declaration that the letter of termination from the 1st defendant dated 27th October, 1981 and issued by the authority of the 2nd defendant at Zaria under the hand of one Lawal for the 2nd defendant is wrongful, void and of no effect whatsoever in that the said letter and the decision to terminate the plaintiff was:

(a) ultra vires

(b) capricious

(c) mala fide, and

(d) an abuse of power.

2. A declaration that the letter of termination dated the 27th of October, 1981 issued by the authority of the 2nd defendant is contrary to the Staff Regulation of the 1st defendant and therefore null and void.,
3. A declaration that the plaintiff holds and is still holding a permanent pensionable appointment as security officer on salary Grade Level 07 in the employment of the 1st defendant, and IN THE ALTERNATIVE.
4. A declaration and or order that the plaintiff is entitled to the following benefits with effect from the 27th October, 1981 to November, 1984. That is to say:

(I) Salary at the going rate for Grade Level 07 i.e. N236.00 per month from November, 1981 amounting to N8,732.00.

(II) Leave allowance for 3 years from 1981-1984 at N160.00 per annum amounting to N480.00

(III) Salary at the going rate for Grade Level 07 i.e. N236.00 per annum from November, 1984 until Judgment is delivered.”

The suit was initially against the 1st defendant only, but on plaintiff s application, the Principal of the Centre was later joined as a co-defendant.

The facts which led to the claim are straightforward. On the 4th of December, 1979, the plaintiff was employed as an Assistant Security Officer in the defendant’s establishment on a salary of N2,622.00 per annum. The employment was as per a letter of employment which was tendered at the hearing as Exhibit A. The defendant was a statutory corporation established by Act No. 31 of 1964. Because of the issue that will arise on Exhibit A in this appeal, I shall set it out in full. It reads:

“You are hereby offered appointment as an Assistant Security Officer on Salary Grade Level 06, and will commence on the 6th step of that level (i.e. N2,262.00) from the date you assume duty, in the training centre.

You will from the date you assume duty serve a probationary period of 2 years. The Training Centre reserves the right to terminate your appointment by giving you one month salary in lieu of notice.