Dr. Henry Effiong Bassey V. Attorney-general, Akwa Ibom State & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment)

The instant appeal is against the judgment of the High Court of Akwa Ibom State, Coram Idongesit N. B. Isua, J; delivered on August 2, 2012 in suit No. HU/27/1998. By the judgment in question, the Court below granted the Appellant’s claim in part, and thereby ordered that the Appellant should be paid whatever was due there to consequent upon the termination of his employment by the Respondents in lieu of notice. Not unnaturally, dissatisfied with the said judgment, the Appellant filed the notice of appeal thereof on September 5, 2012 in the Court below.

BACKGROUND FACTS

Regrettably, the instant case has had a chequered history. Ever since the Appellant commenced the said suit on January 1, 1998, vide a writ of summons, the case lasted a total of 15 years before the Court below eventually delivered the vexed judgment on August 2, 2012.

?The Appellant, a specialist obstetrician and Gynaecologist, was employed into the Cross River State Civil Service in 1987 as a Senior Registrar II. Upon the creation of Akwa Ibom State, he was transferred to

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the General Hospital, Etinan, as Medical Superintendent. In 1997, the Akwa Ibom State Government instituted an administrative panel of enquiry to investigate cases of missing hospital equipment in three General Hospitals, including Immanuel General Hospital, Eket. After receiving the investigation panel’s report, the Government appointed a committee to prepare a Government white paper on the said report. In line with the white paper submitted thereto, the Government terminated the appointment of the Appellant in the public interest. The Government further directed the Appellant to replace the missing Suomo water pump estimated at the cost of N150, 000.00, failing which he would be arraigned before the Taskforce on recovery of public property.

Dissatisfied with the Government action, the Appellant instituted the said suit in the Court below vide a writ of summons, thereby claiming some declaratory and injunctive reliefs against the Respondents. By the second Further Amended Statement of Claim thereof, the Appellant claims jointly and severally against the Respondents, thus:

a) A declaration that the 3rd Defendant’s letter of termination dated October

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16, 1997, to the Plaintiff is null and void and of no consequence whatever.

b) A declaration that the Plaintiff is still in the employ of Akwa Ibom State Civil Service Commission and entitled to his salaries, benefits and promotions.

c) An Order compelling the 3rd Defendant and/or the Akwa Ibom State Civil Service Commissioner to re-instate the Plaintiff in such position commensurate to his true level in the civil service.

d) In addition or in the alternative to (c) supra, the sum of Fifty Million Naira (N50,000,000.00) being general and aggravated damages for the Defendants oppressive, unconstitutional and unlawful conduct.