Emmanuel Okeme V. Civil Service Commission, Edo State & Ors (2000)

LawGlobal-Hub Lead Judgment Report

AKINTAN, J.C.A. 

This is an appeal from the judgment delivered by Aiwerioghene, J. on 11th February, 1994 at Benin High Court in suit No. B/313/89. The Appellant was the plaintiff while the 1st, 2nd and 3rd respondents were the original defendants. The 4th and 5th respondents were later joined as defendants. The plaintiff’s claim, which was filed on 16th August, 1989, is as set out in paragraph 24 of the further amended statement of claim. It is as follows:

a declaration that his purported dismissal from the Civil Service of Bendel State on the Authority of letter No.G. 304/74 of 11th March, 1987, is unconstitutional, null and void;

(ii) a declaration that Secretary for Administration, Finance and Establishment is at all times material incompetent, alone or in conjunction with other members of staff of the Ministry qua tales, to convict plaintiff on a criminal charge particularly of fraud, more particularly as no charges were preferred against him and no plea was taken;

(iii) an order for special damages, being in the amount of total emoluments due to plaintiff from the date of dismissal until retirement age, taking account of standard increments and allowances;

(iv) an order that the necessary calculations be made by the appropriate Dept. of the Government of Edo and/or Delta States as may be adjudged and directed by this Honourable court, and be filed in court and served on the parties to this suit.

(v) in the alternative to (iii) and (iv):

(a) an order for reinstatement with effect from 1st February, 1987;

(b) an order for payment to him of all emoluments due to him from 1st February, 1987, until reinstatement.

(vi) General damages.”

Pleadings were filed and exchanged. The plaintiff amended his statement of claim twice. The further amended statement of claim was filed after the plaintiff had concluded giving his evidence. The 1st, 2nd and 3rd respondents, who were respectively the 1st, 2nd and 3rd defendants were the only defendants as at the time the plaintiff gave his evidence and closed his case. The 4th and 5th respondents were joined as defendants after the former Bendel State was split into two States viz: Edo and Delta States in 1991 by the States (Creation and Transitional Provisions) Decree No. 37 of 1991. The only evidence given at the trial was that by the plaintiff. No evidence was given by the defence even though the 1st, 2nd and 3rd defendants filed a statement of defence. The 4th and 5th defendants did not file any defence after they had been joined. The plaintiff’s case as pleaded and given in evidence by him at the trial was that he was a civil servant in the public service of now defunct Bendel State. He was in the Cooperative Division of the Ministry of Commerce and Industry. In June, 1986 while at his duty station at Oleh, he and some other members of staff of the Cooperative Division based at Oleh were asked to carry out registration of business premises in Isoko Local Government Area with the headquarters at Oleh. He joined his other colleagues in carrying out the exercise. The exercise involved registration of business premises for which registration fees were collected. Treasury receipts were issued for the payments made. In the course of the exercise, the plaintiff said they received complaints of cheating from the chairman of the Revenue Task Force, Isoko Local Government Area. The complaints were from one Benjamin Igbebare and one French Edure. The complaint from both men was that the amount on the receipt issued to each of them was less than what each of them paid. About a week later, a story captioned “Fraud in the Ministry” was carried in the “Community Concord” newspaper issue of Friday, September, 26 1986 – (admitted in evidence as Exhibit C). The story as carried on the front page of the newspaper reads, inter alia, thus:

“A large- scale fraud has been uncovered in the Bendel State Ministry of Commerce and Industries, Oleh. The fraud which was said to have run into thousands of naira was allegedly carried out by some officials of the ministry under the pre that they were registering new business premises. Dependable sources at Oleh told Bendel Community Concord that following a directive from Benin, officials of the Commerce Ministry approached citizens in the area to register their business premises or face the risk of being sealed up. Following the threat, our source further revealed, traders promptly responded. But what baffled the traders, however, was that receipts so issued did not reflect the actual amount paid. For while traders who paid N25 were issued with N10 receipts others who paid N45 were issued with N25 receipts. When some of the curious traders demanded an explanation, the officials were said to have replied that the balance would be reflected on the certificate of registration of business premises to be issued to them later…”

The names of some traders who made payments but were issued receipts reflecting less than the amounts they paid were given together with the numbers and the amounts on the receipts issued to them were given in the newspaper report.

The plaintiff further told the court in the course of his evidence that he bought a copy of the newspaper (Exhibit C) and read the story. As a reaction to the publication, the Secretary for Administration, Finance and Establishment (hereinafter referred to as “SAFE”) of the Ministry of Commerce and Industries at the headquarters in Benin, paid a visit to Oleh on 30th September, 1986. The man was said to have made random sampling of shops, stores and business houses in the town for about 4 hours during the visit. Thereafter, he came to the Ministry’s branch office in the town. There, he invited the plaintiff and the other members of staff involved in the exercise to report at his office in Benin on 2nd October, 1986. The plaintiff said he complied with the directive by reporting at their Benin headquarters on 2nd October, 1986.