Chief Enukora Joe Okoli V. Nigeria Social Insurance Trust Fund Management Board & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TINUADE AKOMOLAFE-WILSON, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the ruling of the Federal High Court, Abuja, delivered by his lordship, Hon. Justice A. Abdu-Kafarati on the 6th April, 2011 wherein the learned trial judge struck out the suit on the ground that it was instituted outside the three months period stipulated by the Public Officer Protection Act and therefore statute barred.

The brief facts of the case are that the appellant was the Managing Director and Chief Executive Officer of the Nigeria Social Insurance Trust Fund and also double as the chairman of the Board of Trust Fund Pensions plc, a company registered under the Companies and Allied Matters Act. The appellant’s term of office was for four years beginning from 18th February, 2007.

On the 2nd of September, 2009, a petition was written by the Finance and General Purpose Committee of Trust Fund Pension plc to the Chairman of the Nigeria Social Insurance Trust Fund (NSITF) wherein, allegations bordering on financial improprieties were leveled against the appellant and/or general against the management of the NSITF. On the 28th September, 2009, the 1st

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respondent directed the appellant to proceed on compulsory leave to “pave way for unhindered investigation of allegations of financial impropriety” made against the appellant by National Pension Commission (PENCOM) and Trust fund Pensions plc (TPPLC).

On the 11th January, 2010, the Hon. Minister of Labour and Productivity by a letter of that date further instructed the appellant to continue on the said leave.

However, while the investigation of the appellant by the 1st respondent was still on, the same allegation on the basis of which the appellant was sent on compulsory leave since 28th of September, 2009 were thoroughly investigated by the police and were found to be baseless, mischievous and unfounded. The said police Report signed by the Inspector General of Police is dated 10th March 2010.

Subsequently, on the 9th and 12th of April, 2010, the appellant read in the National Dailies that the 1st respondent’s Board Investigation Committee had concluded its investigation and the report of the committee indicted the appellant and recommended appellant’s removal among other adverse recommendations.

?The appellant aggrieved by the foregoing

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state of affairs, the appellant as plaintiff instituted this suit on the 11th May, 2011 claiming against the defendants/respondents several declaratory and injunctive reliefs as well as the sum of N10,000,000,000 (Ten Billion Naira) as damages “on account of the unlawful and unfair compulsory leave imposed on him.”

The suit was instituted against four defendants at the trial Court to wit;

1. Nigeria Social Insurance Trust Fund
2. Nigeria Insurance Trust Fund Management Board
3. The Honourable Minister of Labour and Productivity
4. The Attorney General of the Federation.

At the hearing, all the defendants raised preliminary objections to the appellant’s suit on 23rd June, 2010 and 24th June, 2010 on the grounds that the Court had no jurisdiction to entertain the suit the reason being that the action is statute barred. The defendants further contended that the 1st and 3rd defendants were non-juristic personalities.