Alhaji Bello Nasir Charanchi V. Civil Service Commission, Kano State & Ors (2002)

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DALHATU ADAMU, J.C.A.

The Appellant as Plaintiff sued the Respondents jointly and severally at the High Court of Justice Kano State sitting at Kano claiming the following reliefs:

“1. A Declaration that the purported dismissal of the Plaintiff (i.e. the Appellant) is unconstitutional, null and void.

2. An Order of immediate reinstatement to his due position in the employ of the Defendants with arrears of his unpaid salaries.

And in the alternative, the Plaintiff claims N500,000.00 being Special and General Damages for, wrongful dismissal.”

The facts leading to the Appellant’s Suit are as follows:

The Appellant was employed by the 1st Respondent into the service of Kano State Government with effect from 19/7/77. At the time of his employment he was a holder of a Diploma in Estate Management. When the Appellant was employed, he was posted to serve under the 2nd Respondent on a salary scale of Grade level (G. L) 06. He served under the said Respondent for a period of Eighteen (18) years and Seven months during which period, he attended various in-service courses which earned him promotions until he attained the post of Chief Estate Assistant on salary of G.L. 13. Throughout his employment and unto his attainment of that post, the Appellant was never queried or warned and no disciplinary action was ever taken against him in the course of his employment. However, on 17/8/95, the Appellant was issued with a query and asked to reply within 24 hours to which he promptly responded. He was subsequently placed on interdiction on 25/8/95 and a committee was set up to investigate the allegation against him. At the end of the investigation, the Appellant was dismissed vide a letter dated 30/1/96. The dismissal was backdated to take effect from 1/6/94. Being dissatisfied with the manner of his dismissal from service, the Appellant instituted the present action against the Respondent for wrongful dismissal. His Writ of Summons and the endorsed Statement of Claim were both filed on 31/1/97.

After the entry of appearances and the parties filing and exchange of Pleadings, the trial commenced. It was in the course of trial that a Motion (or and application) was brought by or on behalf of the Respondents for the suit to be dismissed for being statute-barred by the Limitation Law to wit Public Officer (Protection) Law (Cap 121) Laws of Kano State 1991.

The Appellant filed a Counter-Affidavit to the said Motion which was heard by the learned trial Judge. Ruling on the Motion on Preliminary Objection was deferred and reserved until the final judgment at the end the trial. In his judgment, the learned trial Judge found and held that the Appellant’s dismissal was wrongful but his action was statute-barred.

The Appellant being dissatisfied with the judgment of the trial court has now filed his Appeal against it in this Court.

In his Notice of Appeal, dated the 23rd day of November, 2002 and filed on the next date, the Appellant filed three (3) Grounds of Appeal. Also in his Amended Brief of Argument filed with the leave of this Court on 14/11/01, which was adopted at the hearing of this Appeal on 3/10/02, the Appellant formulated the following three (3) issues for determination in the Appeal:

“3.0 ISSUES FOR DETERMINATION

3.1 Whether it was correct for the trial Judge in arriving at his Judgment to consider issues which were outside the Pleadings filed by the parties. Ground One of the Appeals.

3.2 Based on Exhibit 16, when is the effective date of the dismissal of the Appellant from the service of the Respondents. Ground two of the Appeal.

3.3 Whether failure by the trial Court to consider the case of the Appellant in his Reply to the Preliminary Objection raised by the Respondents amounted to breach of the rules of fair hearing. Ground three of the Appeal.”