Cosmos C. Nnadi V. National Ear Care Centre & Anor (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORAGE MBABA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Federal High Court, Kaduna, in suit No. FHC/KD/CS/111/10, delivered on 16/3/12 by Hon. Justice M. I. Shuaibu (as he then was), wherein his lordship dismissed the claim of the Plaintiff, now Appellant.

Appellant’s claim at the lower Court was for:

“(a) A declaration that the Plaintiff is a confirmed Public Servant in a permanent and pensionable employment of the Defendants.

(b) A further declaration that the Plaintiff’s employment cannot be brought to an end through a letter of termination with one month notice of salary in lieu of Notice as contained in the Defendant’s letter dated 2rd of April, 2010.

(c) An order setting aside the letter of termination served on the Plaintiff dated 23rd April, 2010 and reinstating the Plaintiff back to his position as Senior Craftsman (electrical) in the employment of the Defendants.

(d) A further order that the Plaintiff should be paid all his salaries benefits and other entitlement from 8th of February, 2010 until the final determination of the case pursuant to his employment with the Defendants.

(e) An order of perpetual injunction restraining the Defendants from terminating the employment of the Plaintiff except as set out in the Public Service Rules.

(f) Cost of this action.”

At the trial of the case each party called a witness and tendered exhibits. Appellant had been employed in the service of the 1st Respondent since on 29/1/2001. His appointment was later confirmed and in the letter of appointment the Respondents had told the Appellant that:

“All other conditions of service(s) are similar to those obtained in Public Service.”

Despite the above, Appellant said, the 1st Respondent, rather than use the condition of service applicable to confirmed public servants, applied the provisions of paragraph a(c) of his letter of appointment to terminate his appointment, on 23/4/2010. The said paragraph 4(c) says:

“Unless you are dismissed and provided you are not under any bond to serve the centre for a stipulated period, you may terminate your engagement by giving one month’s notice or paying one month salary in lieu of notice. Where the appointment is terminated with salary in lieu of notice, payment will be effected less any debt that may be outstanding against you.”

Prior to the issue of the said letter of termination on 23/4/2010, the 1st Respondent had commenced disciplinary proceedings against the Appellant, which included setting up of a Disciplinary Panel and placement of suspension order on him (Appellant) as per a letter dated 5/2/10. Appellant appeared before the Disciplinary Panel.