Central Bank Of Nigeria V. Uchenna Godswill Dinneh (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading judgment)

This appeal is against the judgment delivered on 13/12/2007 by the Federal High Court, Abuja Division, presided over by Hon. Justice Chikere. The Federal High Court will hereinafter be simply referred to as ‘the lower court’.

The Appellant was the Defendant in an action instituted before the lower court by the Respondent as Plaintiff challenging his dismissal from the employment of the Appellant. The Respondent prior to his dismissal had risen to the position of Senior Supervisor in the Foreign Operations Department of Bills Office. In 2003 an allegation was made by the Appellant that documents relating to statutory allocations in respect of Benue; Anambra; and Edo States were forged. Queries were raised and served on the Respondent and he duly responded to the same. Disciplinary Committee was set up to look into the allegations made against the Respondent in the queries and the Appellant not being satisfied with the explanations given by the Respondent proceeded to dismiss him. The Respondent equally being dissatisfied with the way and manner in which he was dismissed from the employment of the Appellant, commenced the instant action challenging his dismissal. Parties duly filed and exchanged pleadings. The pleadings were also amended by the parties. The Respondent ended his pleadings with a Further Amended Statement of Claim dated 19/11/2004 filed on the same day pursuant to the leave of the lower court granted on the aforementioned 19/11/2004; and Reply to Fourth Further Amended Statement of Defence dated 21/2/2007 and filed on the same day. The Appellant likewise ended its pleadings with a Fourth Further Amended Statement of Defence dated 12/12/2006 and filed on 21/2/2007 pursuant to the leave of the lower court granted on 16/2/2007. Parties respectively called one witness at the hearing of the case before the lower Court and tendered several pieces of documentary evidence by consent of their respective counsel. Parties by their respective counsel also admitted some facts as presented on the pleadings in the course of the trial before the said court. After parties adopted their respective written addresses, the lower court delivered its judgment and therein granted the claims of the Respondent.

In the Statement of Claim dated 25/7/2003 filed along with the Writ of Summons on 29/7/2003, the Respondent claimed the following reliefs against the Appellant: –

“1. DECLARATION that the dismissal of the Plaintiff from his employment with the Defendant on 20th June, 2003 is illegal, ineffectual and unconstitutional for the breach of the plaintiff’s right to fair hearing; and the rules and regulations governing his contract of service with the Defendant.

2. DECLARATION that the dismissal of the plaintiff from his employment with the Defendant on 20th June, 2003 for offences, acts and or omission which occurred during the period when he was on annual leave and not on duty is wrong and unlawful, null and void.
3. AN ORDER reinstating the plaintiff back to his employment with the Defendant.
4. AN ORDER directing the defendant whether by itself, its servants, agents, privies or assigns howsoever to pay to the plaintiff the latter’s salaries, emolument and entitlements from July, 2003 until the plaintiff is re-instated.
5. AN ORDER of injunction restraining the Defendant whether by itself, its servants, agent and/or privies howsoever from ejecting the plaintiff from the defendant’s quarters at Block D6 Flat 44 (Intermediate and Junior) Garki, Abuja”.

The reliefs the Respondent claimed against the Appellant in the Further Amended Statement of Claim are: –

“1. DECLARATION that the dismissal of the Plaintiff from his employment with the Defendant on 20th June, 2003 is illegal, ineffectual and unconstitutional for the breach of the plaintiff’s right to fair hearing and the rules and regulations governing his contract of service with the Defendant.

2. DECLARATION that the dismissal of the plaintiff from his employment with the Defendant on 20th June, 2003 for offences, acts and or omission which occurred during the period when he was on annual leave and not on duty is wrong and unlawful, null and void.
3. AN ORDER reinstating the plaintiff back to his employment with the Defendant.
4. AN ORDER directing the defendant whether by itself, its servants, agents, privies or assigns howsoever to pay to the plaintiff the latter’s salaries, emolument and entitlements from July, 2003 until the plaintiff is re-instated.
5. AN ORDER of injunction restraining the Defendant whether by itself, its servants, agents, and/or privies howsoever from ejecting the plaintiff from the defendant’s quarters at Block D6, Flat 44 (Intermediate and Junior) Garki, Abuja”.

The reliefs the Respondent claimed against the Appellant in the Further Amended Statement of Claim are: –

“1. DECLARATION that the dismissal of the Plaintiff from his employment with the Defendant on 20th June, 2003 is illegal, ineffectual and unconstitutional for the breach of the plaintiff’s right to fair hearing and the rules and regulations governing his contract of service with the Defendant.

2. DECLARATION that the dismissal of the plaintiff from his employment with the Defendant on 20th June, 2003 for offences, acts and or omission which occurred during the period when he was on annual leave and not on duty is wrong and unlawful, null and void.
3. AN ORDER reinstating the plaintiff back to his employment with the Defendant.

‘ALTERNATIVELY’

a. An order direct (sic) at or against the defendant to pay to the plaintiff his salary and other emoluments mentioned in paragraph 58 above for the remainder of 13 years which the plaintiff would have served but for the wrongful action of the defendant mentioned in the statement of claim.

b. Further order directed at or against the defendant for the immediate payment to the plaintiff the latter’s gratuity and pension benefit calculated as if the plaintiff has retired at the age of 60 years and as if he has served the defendant for 35 years.

c. An order directed at or against the defendant for the payment of all other entitlement to the plaintiff as obtain (sic) or applicable in the policy, practice and or tradition of the defendant.

4. AN ORDER directing the defendant whether by itself, its servants, agents, privies or assigns howsoever to pay to the plaintiff the latter’s salaries, emolument and entitlements from July, 2003 until the plaintiff is re-instated.
5. AN ORDER of injunction restraining the Defendant whether by itself, its servants, agents, and/or privies howsoever from ejecting the plaintiff from the defendant’s quarters at Block D6 Flat 44 (Intermediate and Junior) Garki, Abuja”.

The Appellant being aggrieved with the judgment of the lower court granting the Respondent his claims, appealed against the said judgment to this Court by a Notice of Appeal dated 25/2/2007 (sic) and filed on 27/2/2008. The Notice of Appeal was subsequently amended and further amended with the leave of, this Court. The latest Notice of Appeal being the Further Amended Notice of Appeal dated 2/6/2009 and filed on 22/6/2009. This process contains nine (9) grounds of appeal. The said nine (9) grounds without their particulars read thus: –