Barrister Adebayo Adetoye V. Fed. Inst. Of Ind. Research Oshodi & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment)

The Appellant had by an amended notice of appeal dated 13th June, 2008 and filed on the 24th of June, 2008 predicated on eight grounds of appeal, appealed the decision of the Federal High court, Lagos Division in suit No.FHC/L/CS/836/99 delivered by His Lordship, Honourable Justice S.W. Egbo Egbo on the 27th of February, 2003, more particularly stated in paragraph 3 of the amended Notice of Appeal. The amendment to the Notice of Appeal was granted by this Honourable Court on the 11th of November, 2009.

At the court below, the plaintiff ADEBAYO AKANBI ADETOYE claimed against the Defendants jointly and severally as follows:

i, A declaration that the purported termination of his employment by the Federal Institute of Industrial

Research, Oshodi (FIIRO) by a letter dated 24th May, 1999, is ultra vires, wrongful, illegal, null, void and of no effect

ii. A declaration that he is still in the employment of the Federal Institute of Research, Oshodi (FIIRO).

iii. An order directing the Defendants to re-instate the plaintiff to his status as a civil servant under the 1st Defendant with all entitlements salaries and benefits and same to take effect from the date of the wrongful termination.

iv. An injunction restraining the 2nd Defendant from further malicious interference with the plaintiff’s performance of his duties as a civil servant.

v. Cost of Action

This is reflected in paragraph 30 of the statement of Claim dated 26th July, 1999.

The Defendants filed a defence and counter claim on the 10th of November, 1999 for:-

a. A DECLARATION that the termination of the employment of the plaintiff is lawful, legal and according to the due process of law,

b, A DECLARATION that the plaintiff’s employment with the Defendant has been duly terminated and the Plaintiff is no longer in the employment of the 1st Defendant

c. An order restraining the plaintiff from further parading himself as a staff of the 1st Defendant