Chris Ehikioya Eigbe V. Nigerian Union of Teachers (2007)

LawGlobal-Hub Lead Judgment Report

UWANI MUSA ABBA AJI, J.C.A.

This is an appeal by the Plaintiff/Appellant against the judgment of Hon. Justice C.O. Idahosa delivered on the 19th March, 1996 in suit No. B/536/93 while sitting in the High Court, Benin City.

The Plaintiffs claim against the Defendant as endorsed in paragraph 43 of his amended statement of claim captioned “Re Amended Statement of Claim” is as follows:-

(a) A declaration that his purported dismissal from the service of the Defendants by a letter dated 28th January, 1991 but received on 11th July, 1991 is illegal null and void and of no legal effect whatsoever.

(b) That the Plaintiff’s appointment with the Defendant subsist.

(c) Further or other reliefs as this Honourable Court may deem fit in the circumstance.

OR

In the alternative, the Plaintiff claims the sum of N13,694:08k (Thirteen Thousand Six Hundred and Ninety four Naira, Eight kobo) being arrears of salary and allowances from June 1990 – July 1991 at the rate of N928:00k per month from June 1990 – December, 1990 and N1028:00k from January 1991 to July 1991 and a declaration that he is entitled to his gratuity, other entitlements and pension.

An order that the sum together with his gratuity and pension be paid.”

Pleadings were duly filed and exchanged and the case proceeded to trial based on the Plaintiffs amended statement of claim captioned “Re Amended Statement of Claim” and the Defendant’s Amended Statement of Claim and the reply thereto. The Plaintiff testified and tendered several Exhibits. He called one witness. The Defendant also called a witness and tendered some Exhibits. At the close of evidence and address by the respective learned counsel, the learned trial Judge in a considered judgment, dismissed the Plaintiffs claim. This is what the learned trial Judge held while dismissing the Appellant’s claim.

“On the whole, I am satisfied that the plaintiff was properly dismissed after he admitted participating in the opening and operation of an illegal bank account which act was a misconduct in the performance of his duties as a finance officer to wit: a Principle Executive Officer with the Defendant in its Edo State Wing. Consequently, this action ought to be dismissed and it is hereby dismissed with N750:00 costs to Defendant.”

Dissatisfied with the said judgment the Appellant appealed to this court upon four (4) grounds of appeal dated 13th/5/96. The grounds of appeal without their particulars are hereby reproduced.

“(i) The judgment of the learned trial Judge was against the weight of evidence.

(ii) The Learned trial Judge erred in law in holding that the Appellant knew that the instruction by the then state secretary of the Respondent union was illegal and therefore article 14 (vi) (e) of Exhibit affords the Appellant no defence.