Engr. Godfrey Eze V. Nigerian Airspace Management Agency & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of the Federal High Court sitting in Lagos and delivered by HON, JUSTICE B. I. MOLOKWU on the 1st day of March, 2013, wherein, the claims of the Appellant were dismissed. Dissatisfied with the judgment, the Appellant filed an Amended Notice of Appeal dated 20th May, 2013 filed on the same date but deemed on 2/2/16.

The Appellant was employed by the Federal Ministry of Aviation and worked with the 1st Respondent for some years when his employment was determined pursuant to reorganization. He felt aggrieved by the said action and instituted a claim against the Respondents claiming as follows:

?i. A DECLARATION that the purported termination of the Plaintiff termination of employment vide a letter Ref. No.FMA/NAMA/4556/S.16/1/DATED 18th February, 2009 addressed to the Plaintiff by one Idris A. Kuta, Permanent Secretary for the Honourable Minister, was not done or purported to be done under the NAMA Act, NAMA staff condition of service or any law applicable to the contract of employment of the Plaintiff and therefore unlawful,

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irregular and wrongful.

ii. AN ORDER of the Honourable Court setting aside the said letter Ref No. FMA/NAMA/4556/S.16/1/of 18th February, 2009

iii. A DECLARATION that the Plaintiff is entitled to his entitlements, benefits, allowances, bonuses, gratuities and pensions which has accrued before the purported termination of his employment in the total sum of N17,886,420.39.

iv. The sum of N26,440,026.06 as special damages for the unexpired terms of four years of service.

v. The sum of N17,886,420.39 being 100% of Plaintiff accrued pension and gratuities as compensation for premature retirement in accordance with the terms of employment.

vi. AN ORDER that the Plaintiff is entitled to one official and one utility vehicle.

vii. AN ORDER that the Plaintiff is entitled to the sum of N599,774.22 as one month?s salary in lieu of notice in accordance with the terms of employment.

viii. AN ORDER that the plaintiff is entitled to the first right of purchase of the official quarters which he resides in as envisaged in the Monetization Policy of the Federal republic of Nigeria, 2007.

ix. N20,000,00.00 damages for wrongful termination of