Dangote Cement, Plc. (Formerly Benue Cement Company Plc) v. Peter Asom Ager & Ors (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

MOHAMMED LAWAL GARBA, JSC (Delivering the leading judgment)

This appeal is against the judgment of the Court of Appeal, Jos Division, (Court below) delivered on the 9th December, 2009 dismissing the appellant’s appeal from a decision of the Benue State High Court, sitting at Gboko (trial court), entered in favour of the respondents.

The initial notice of appeal was filed on the 18th August, 2010 containing two (2) grounds, but was amended by the amended notice of appeal filed on the 24th November, 2023, deemed on 11th December, 2023, containing four (4) grounds.

In the amended appellant’s brief filed on the 24th November, deemed on the same date with the amended notice of appeal and the amended respondent’s briefs, the following three [3] issues are formulated for determination:-

a. Whether the learned Justices of the Court of Appeal were not in error when they affirmed the trial courts holding that the indefinite suspension of the respondents amounted to a breach of the terms of service contained in exhibit 1 – distilled from ground 1 of the notice of appeal.

b. Whether the learned Justices of the Court of Appeal were not in error when they affirmed the trial courts declaration of exhibits 17 and 42 (letters of termination issued to the respondents) as being unlawful, null and void – distilled from ground 2 of the notice of appeal.

c. Whether the learned Justices of the Court of Appeal were not in error when they affirmed the undetermined entitlements awarded by the trial court and suo motu extended the damages awarded to cover the period from dates of the respondents’ suspensions in 2003 to the date of its judgment (9th December, 2009) – distilled from ground 3 of the notice of appeal.

The respondents filed separate briefs; for the 1st respondent, filed on the 30th June, 2023 and for the 2nd respondent; on the 30th November, 2023, which as stated above, were deemed on the 11th December, 2023 at the hearing of the appeal.

Two [2] issues of the same substance are said to arise for decision in the appeal in each of the briefs, as follows:-

“1. Whether the court below was, on the evidence, right by affirming the judgment of the trial court in its declaration that the termination of the appointment of the respondents/ plaintiffs, was wrongful, null and void.

2. Whether the court below was right in ordering the appellant to compute and pay all the financial entitlements, that is, salaries, and allowance due to the 1st respondent in full from the date of suspension up till the date of judgment being 9th of December, 2009.”

Before a consideration of the issues, a brief restatement of the facts which led to the action from which the appeal emanated would provide the pedestal upon which the issues are predicated.

The respondents were employees of the former Benue Cement Company, Plc, taken over by the present appellant, who were, suspended indefinitely for an investigation to be carried out on allegations of fraud and the theft in the company’s commercial/marketing department.

The respondents protested their indefinite suspension and when the company failed to do anything about it, they filed the action at the trial court against the company and an injunction was issued that no further disciplinary action be taken against the respondents during the pendency of the action.

Meanwhile, the Benue Cement Company, Plc. was acquired and taken over by the appellant and the employment of the respondents along with other employees of the acquired company, was terminated.