Central Bank Of Nigeria & Anor V Mrs. Agnes M. Igwillo (2007)

LAWGLOBAL HUB Lead Judgment Report

S. A. AKINTAN, J.S.C 

This action was instituted at Lagos High Court by Dr. Victor Igwillo, now deceased, in suit No. LD/1227/93. His claim, as set out in paragraph 32 of his amended statement of claim was for a declaration that the termination of his appointment with the 1st appellant is wrongful, illegal and unconstitutional; and the sum of N14.5 million being special, aggravated and/or general damages suffered for the wrongful and unlawful termination of appointment or, in the alternative, a reinstatement to his job and payment of his accrued salaries and allowances from the date of suspension till the date of reinstatement. Pleadings were filed and exchanged and the trial took place before Ope-Agbe, J.

The plaintiff gave evidence at the healing and tendered a number of documents. The defendants, now appellants denied the claim and in paragraph 10 of their reply to the further amended statement of claim, counter-claimed for “the sum of N450,000 per annum being the value for the occupation of the 1st defendant’s premises from 4th February, 1993 till plaintiff’s vacation of same.” At the conclusion of the trial, the learned trial Judge held that there was no merit in the plaintiff’s claim and the suit was dismissed. The counter-claim was also dismissed.

The plaintiff was dissatisfied with the judgment of the trial High Court. He filed an appeal against it to the Court of Appeal (hereinafter referred to as the court below). The court below found that there was merit in the appeal and allowed it. The Court held, inter alia, as follows in the concluding paragraph of the lead judgment of Akaahs, JCA delivered on 15th May, 2000 to which Ige and Aderemi, JJ.CA agreed: “In conclusion, I find that there is merit in the appeal and I accordingly allow it. I declare the purported termination of the appointment as illegal, unconstitutional, ultra vires, null and void and of no effect. The appellant is accordingly reinstated to his post as Deputy Librarian of the Central Bank in the cadre of Assistant Director without loss of status and years of

services and the payment of the arrears of his salary and allowances from the date of his suspension, i.e. 8th May, 1992.” The appellants were not satisfied with the judgment of the court below and the present appeal was filed against the said verdict. The parties filed their respective brief of argument in this court. The appellants formulated the following two issues in their joint brief as arising for determination in the appeal:

“1. Whether the court below was right when it looked beyond the terms of the contract of employment and the evidence on record in deciding the issue whether the termination of the respondent’s contract of employment with the 1st appellant was wrongful.

(2) Whether the respondent was entitled to reinstatement to his former post in the circumstance of this case.” The respondent also formulated two similar issues in the respondent’s brief. I therefore do not consider it necessary to reproduce them. I will therefore consider the appeal based on the two issues formulated in the appellants’ brief. The plaintiff/respondent at the court below died on July 20th, 2002 and the present appellant, Mrs. Agnes M. Igwillo, his wife was, with leave of this court, substituted for her late husband. The brief facts of the case, as set out in the pleadings and evidence led at the trial, are that the plaintiff, Dr. Victor Igwillo, was a holder of Ph.D. in Library and Information Sciences. He started his working career at the Ahmadu Bello University Library. From there he joined the Anambra State University of Technology (ASUTECH) before joining the 1st appellant as Deputy Librarian. His case was that the post was advertised and he applied, was interviewed and offered the appointment by the 1st appellant, the Central Bank of Nigeria. The plaintiff/respondent contended that before joining the 1st appellant, it was agreed that he would be accepted on transfer of service, having served 18 years with his previous employers. This is said to be evidenced by a letter to that extent admitted at the trial as exhibit C. But within three months of joining the 1st appellant, the respondent said he was alleged to have committed a grave misconduct. He was then suspended and his matter was referred to the Disciplinary Committee of the 1st appellant bank. The respondent said he appeared before the committee and there he denied the allegation made against him in an unsigned anonymous petition written against him. The allegation was that he acquired for the library used and mutilated books, many of which were of no use for the Bank’s library. He said the Committee found no merit in the allegation made against him in the said anonymous petition. But while he was waiting for apologies, he received a letter of termination of his employment. The letter, dated 4th February, 1993 made the termination of the appointment to take effect from 8th May, 1992 the date on which his suspension took effect. No reason was given and no reference was made as to the outcome of the Disciplinary Committee which looked into the allegations made against the respondent and on which the suspension order imposed on the man was based. The letter of termination of appointment, admitted as exhibit R, reads, inter alia, as follows:

“Dear Sir,

Termination of Appointment

I am directed to inform you that your services are no longer required by the bank. In the circumstance, your appointment with the bank is hereby terminated with effect from 8th May, 1992. A Central Bank of Nigeria cheque No. 25516 dated 4th February, 1993 for N5,226.66 being one month salary in lieu of notice of termination of your appointment is attached herewith.

Your final entitlement from or your indebtedness to the bank is being determined and will be communicated to you in due course. Meanwhile, you are required to hand over all the bank’s property in your possession including the laminated identity and clinic cards to the Director of Research Department before you leave. Please note that as a result of the termination of your appointment you will no longer be allowed to enter the bank’s premises without official permission. Please acknowledge receipt on the copy of this letter…”

As already mentioned earlier above, the respondent had earlier been suspended from duty through a letter dated 8th May, 1992. The letter reads, inter alia, as follows:

“Dear Sir,

Suspension from duty without pay