David Musa Mshelia V. Bank Of Agriculture Limited (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAIDU TANKO HUSSAINI, J.C.A.(Delivering the Leading Judgment)

The Appellant was the Plaintiff at Federal High Court sitting in Gombe. He had approached the said Court where he instituted action against the Respondents, as defendants. Until his suspension and eventual dismissal on 20th June, 2011 the Appellant was a staff of the Respondent and had served in different capacities.

The claim against the Respondent vide the Writ of Summons and the Statement of claim filed on the 16/9/2011 is for:

1. An Order of Court declaring that the Plaintiff was not accorded a fair hearing on the allegations leveled against him.
2. An Order of Court declaring that the dismissal of the Plaintiff was unlawful, unconstitutional, null and void and of no effect whatsoever.
3. An Order of Court for restatement of the Plaintiff to his office and payment of all his salaries, allowances and entitlements including Promotions as a when due.
4. An Order of Court for payment of N10, 000, 000. 00 (Ten Million Naira) exemplary damages against the defendant.

1

5. N500, 000. 00 general damages and cost of the action.

Pleadings were filed and exchanged. Respondent as Defendant denied the claim vide the amended Statement of defence at page 204 of the record of Appeal to which the Appellant also filed a Reply at pages 270-271 of the same record. Parties on both sides at the hearing called evidence of witnesses and also tendered several documentary evidence as Exhibits.

The trial Federal High Court at the close of evidence and address of counsel, in a considered Judgment delivered on the 2nd December, 2013 dismissed the claim. It is against that Judgment and order that the Plaintiff has appealed to this Court on 7(Seven) grounds as per the Notice of Appeal dated and filed on the 28 February, 2014 (Record: pages 312-321).

The record of the trial Court was compiled and transmitted to this Court on the 26th June, 2014 but was deemed as duly filed and served on the 14/5/2015. Thereafter, the parties filed and exchanged their respective Briefs of arguments, the Appellant having earlier sought and was granted leave for extension of time to file his brief of argument. The said brief of argument

2

deemed duly filed on the 13/5/2015 raised 3 (three) issues for determination of Court namely.

?1. Whether the Lower Court was right in holding that an employer who hires an employee has the right to fire him at anytime in so far as that is done within the four walls of contract of service the employee has no redress in law (Grounds 1 of the grounds of appeal)

2. Whether the learned trial Judged accorded the appellant a fair hearing when he placed the burden of proof solely on the appellant while exonerating the respondent (Grounds 6 and 7 of the grounds of appeal)
3. Whether the appellant had not proved his case for the award of his claims at the Lower Court. (Grounds 2, 3, and 5 the grounds of appeal?.

?

In the Respondents brief of argument filed on the 14/2/2015, 2 (two) issues were distilled for determination of Court thus:

?(i) Whether the conclusion of the Learned Trial Judge that the Plaintiff/Appellant was accorded the right to fair hearing by the Respondent was right or wrong. (Distilled from grounds 2, 3 and of the notice and grounds of

3