Federal Civil Service Commission & Ors V. J.O. Laoye (1989)

LawGlobal-Hub Lead Judgment Report

ESO, J.S.C.

This appeal has been brought by the Federal Civil Service Commission, the Ministry of External Affairs, and the Attorney-General of the Federation against the judgment of the Court of Appeal, Lagos Division, as per Uthman Mohammed, J.C.A., concurred to by Adenekan Ademola,

Owolabi Kolawole, JJ .C.A., who dismissed the appeal of the same appellants against the judgment of the High Court, Lagos State, “Adeniji J.”.

In the High Court, the plaintiff, J. O. Laoye, had claimed

“( a) A declaration that his purported dismissal from the employment of the Federal Civil Service Commission by a letter dated July 21, 1981 is null, void and of no effect;

(b) A declaration that he is still in the employment of the Federal Ministry of External Affairs;

(c) An order directing the 1st Defendant to reinstate the plaintiff to his status as a Civil Servant without prejudice to entitlements and promotions which might have accrued to him during the period of his dismissal.

(d) An injunction restraining the 1st Defendant from further interfering with the plaintiff’s performance of his duties as a Civil Servant.”

The facts which led to the action are as follows: Laoye was employed as an Executive Officer, Accounts, in September, 1964. Before his posting to the Ministry of External Affairs, he served in various Ministries. He served in the Consulate General, New York, from 1973 to 1977. When he returned to Lagos after serving in New York, he was interrogated by the Police and he made a statement to the Police.

On 17th May, 1978, a letter titled “Preliminary Letter” was addressed to the plaintiff. It read “Preliminary Letter”

It has been brought to the notice of the Ministry that during the period you served in the Consulate-General of Nigeria in New York your work and conduct are reported to be unsatisfactory in the following respects:

(i) You held discussions with certain people in New York including an official of the Flying Aces Aviation Training Centre, Miami, Florida and during the discussions you presented yourself as the next in command to the Consul-General, assuring that tuition fees of students you personally recommended or approved of for training would be paid promptly;

(ii) You colluded with some people including certain persons in the above mentioned Flying Aces Aviation Training Centre to defraud the Government of Nigeria: the amount involved is about the sum of U.S. $119,000.00 which is alleged to have been paid by the Consulate General to the Aviation Centre in respect of Government Students who did not attend that Institution;

(iii) You are alleged to have received commissions for your action regarding above; as a matter of fact you received two cheques Nos. 32042 and 32043 each of U.S. $5,000 value (a total of U.S. $10,000.00) on 4th August, 1977 from or through Mr. E. E. Akwara, External Affairs Officer Grade VI of the same Consulate-General, which you duly endorsed on the reverse side. The receipt of these amounts was not brought by you to the attention of the Consul-General.