Engr. G.F.C. Ezeani V. Nigerian Railway Corporation (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A. (Delivering The Leading Judgment)

This is an interlocutory appeal against the decision of the Federal High Court Lagos Division Coram Justice P. I. Ajoku, delivered on the 13th day of April 2011. In it, he upheld the preliminary objection of the Respondent and dismissed the Appellant’s claims in its entirety as being statute barred.

SYNOPSIS OF FACTS

The action, the subject matter of this appeal was dated 2nd of June 2010.

At the lower Court, the Appellant (as Plaintiff) sued the Respondent (as Defendant) at the Federal High Court claiming the following:

(a) A declaration that the purported retirement of the Plaintiff from the employment of the Defendant on grounds of public interest was premature, unlawful and unconstitutional and locked due process.

(b) A declaration that the Plaintiff has at all material times been and continues to be in the employment of the Defendant.

(c) An injunction restraining the Defendant from evicting the Plaintiff from his official residence or office or in any way harassing him.

(d) An order re-installing the Plaintiff as Director (Civil) of the Defendant.

(e) An order that the Plaintiff be paid all the arrears of his salary and other entitlements,

(f) An order that the Defendant pay exemplary damages in the sum of One hundred million naira (N1,000,000) for the degrading and inhuman treatment meted out to the Plaintiff contrary to the provisions of the 1999 Constitution.

After the Respondent filed his memorandum of appearance, he also filed a notice of preliminary objection challenging the jurisdiction of the Court in that the suit was statute-barred.

Upon the filing of the notice of preliminary objection, to which the Appellant filed a counter-affidavit, the learned trial Judge after hearing arguments from counsel, upheld the preliminary objection.

The Appellant was an employee of the Nigerian Railway Corporation having been employed in October 1979. On the 15th of April 2007, he was notified of his promotion to Grade Level 17. Barely three days later he was retired from the service of the Defendant vide a letter dated 18th April 2007, on grounds of “public interest”.