Charles Udegbunam V. Federal Capital Development Authority & Ors (2003)

LAWGLOBAL HUB Lead Judgment Report

I. KATSINA-ALU, J.S.C.

The appellant was the plaintiff in this action. It was an action for wrongful termination of his appointment against the respondents as defendants. In the suit the plaintiff claimed in his amended statement of claim in the High Court of the Federal Capital Territory, Abuja, the following reliefs:-

“(i) A declaration that as at 15th of September, 1987 when his appointment was purportedly terminated by 1st defendant, he was an employee of 2nd defendant.

(ii) A declaration that letter dated 15th September, 1987 in which the 1st defendant purportedly terminated his appointment with retrospective effect is null and void in that he was not an employee of 1st defendant and his appointment cannot be determined with retrospective effect.

(iii) A declaration that the purported termination of his appointment by the 1st defendant vide a letter dated 15th September, 1987 is null and void being in breach of the Federal Civil Service Rules of 1974 and/or rules of natural justice.

(iv) A declaration that, as a civil servant, holding a permanent and pensionable appointment, the 1st defendant cannot terminate his appointment with an offer to pay him one month’s salary in lieu of notice and that he is entitled to remain in service until he attains the statutory retirement age of 60 years or until his appointment is properly determined in accordance with the Federal Civil Service Rules.

(v) A declaration that, he is still an employee of the 2nd defendant and he is still entitled to all his salaries and allowances attached to his office.

(vi) An order on 2nd defendant to reinstate him forthwith without prejudice to salary increment he would have been entitled to and promotions that might have been due to him.

(vii) An order that the 1st defendant withdraw the purported letter of termination of his appointment dated 15th September, 1987 and tender a written apology for the suffering and embarrassment he and his family had suffered for their illegal act.”

In the alternative, the plaintiff claimed a lump sum N180,860.00 against the 1st defendant as damages suffered by him for the loss of employment with the Ministry of the Federal Capital Territory due to their wrongful act of terminating his appointment.

At the trial court, pleadings were ordered, filed and exchanged between the parties. The plaintiff gave evidence on his own behalf but called no other witness. The defendants also called only one witness in their defence. At the close of evidence, both counsel, with the leave of the trial court, filed written addresses. In a considered judgment given on 2 December, 1993, the learned trial Judge Gumi, J. dismissed the plaintiff’s claims. His appeal to the Court of Appeal, Abuja was also dismissed.

The plaintiff now appeals to this court upon a number of grounds.

The facts leading to the termination of the plaintiff’s appointment with the 1st defendant are short and undisputed. The plaintiff was employed by the 1st defendant, Federal Capital Development Authority (FCDA) on 4 September, 1980 as a Planning Officer. His appointment was confirmed on 22 January, 1982.

In November, 1986, plaintiff absconded from duty. His immediate boss, the Assistant Director, Corporate Affairs, issued him a query. He was no where to be found. His whereabouts were unknown. The plaintiff’s immediate boss then sent a report to the Department of Personnel which in turn issued another query to the plaintiff and requested him to answer within 48 hours. Plaintiff responded after two weeks.