Alhaji Ade Aliu V. Unipetrol (Nigeria) Limited (1993)

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UTHMAN MOHAMMED, J.C.A.

Alhaji Ade Aliu, who is the appellant in this appeal, was employed as an Assistant District Manager by Unipetrol (Nigeria) Limited on the 26th January, 1979. The appellant rose to the rank of Divisional Manager in charge of Kano Division. The problem of the appellant with his employers arose when he issued to one of his subordinates, Mr. Uddoh, a warning letter for dereliction of duties.

In response to the warning letter Mr. Uddoh made very strong allegations against the appellant that he, the appellant, had sold 3 pumps to one Alhaji Alin Baffa for the sum of N8,000.00. The respondent ordered for investigation of the allegation and after the appellant had appeared before a Disciplinary Committee the respondent terminated his employment.

Aggrieved over the action of the respondent the appellant commenced an action by a writ of summons in a Kano High Court in which he averred that the respondent, without any just cause and without assigning any reason, wrongfully purported to terminate his appointment. He pleaded further that he was 42 years old at the time of the purported termination of his employment and that he had 13 more years of active service under the terms of his employment before he reached the compulsory retiring age of 55 years. By reason of the alleged wrongful acts the appellant claimed that he suffered loss and damage. For the above reasons the appellant prayed the court for the following declarations:

“i) A declaration that the letter dated 30th July 1986 Terminating his appointment, and signed by G.T. Grant as Managing Director, is null and void and of no effect, being contrary to plaintiffs conditions of service and ultra vires the Managing Director not having been authorised by the Defendants Board of Directors or the appropriate minister.

ii) A declaration that plaintiff is still a Divisional Manager of Defendant Company.

iii) A mandatory injunction compelling. Defendant to restore plaintiff to his post aforesaid together with all rights and privileges attached thereto.

iv) Alternatively i.e. as alternative to the claim for declarations (ii and iii) above plaintiff claims against the Defendant Special Damages of N369,018.00 for wrongful termination of appointment, and N130,982.00 as General Damages.

PARTICULARS OF SPECIAL DAMAGES

N :

A) Salaries for 13

years at N17,558.00 228, 228: 00

B) Housing Allowance for 13

years at N3,600.00 per annum 46,800: 00