Civil Service Commission IMO State & Ors V. Joseph Ukweozor (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This is an appeal against the judgment delivered on 13/1/2014 by the High Court of Imo State (hereafter to be simply referred to as the lower Court) presided over by Hon. Justice P.O. Nnadi (now Chief Judge of Imo State) and who will hereafter be simply referred to as the learned trial Judge.

The case on appeal was initiated by the Respondent on record as Claimant before the lower Court against the Appellants as Defendants, by a writ of summons which issued on 8/8/2015. Parties duly filed and exchanged pleadings and the lower Court having had the benefit of the written addresses filed and exchanged by the parties,and having also evaluated the evidence (oral and documentary) placed before it, entered judgment in favour of the Respondent in these terms: – In conclusion, this Court finds that the claimant has proved his case and is entitled to the reliefs sought. Judgment is hereby entered in favour of the claimant and against the Defendants as follows:

(a) A declaration that the purported termination of his

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appointment with the Imo State Civil Service by a letter dated 13th February, 2002, Ref. No. CSC/P.248/1/5 written by the 1st Defendant is null, void, illegal and unconstitutional and therefore is of no effect.

(b) A declaration that the purported termination of plaintiff’s contract of service is a breach of contract.

(c) An order of the Honourable Court to the effect that the defendants either personally or through their servants and agents and principal officers should re-instate the plaintiff into the Civil Service of Imo State.

(d) An order of the Honourable Court that the defendants pay the plaintiffs his salaries and all entitlement due to him from 31/12/2001 including promotions and incremental steps which plaintiff may have lost when his purported termination took effect until he is reinstated and duly retired.

(e) An injunction restraining the defendants, their servants and agents from further breach of the plaintiff’s contract of service.

(f) I make no order as to cost.

Being aggrieved with the whole of the judgment of the lower Court, the Appellants initiated the instant appeal, by filing a notice of

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appeal dated 10/2/2014 on 19/2/2014. The notice of appeal contains three grounds and the said grounds shorn of their respective particulars read thus: –