Federal College of Education & Ors V. Mrs. Irene Adana Ogbonna & Ors (2007)

LawGlobal-Hub Lead Judgment Report

ABDU ABOKI. J. C. A.

This is an Appeal against the decision of Honourable Justice Richard O. Olorunfemi of Kogi State High Court sitting at Obangede delivered on 28th February 2005, in which Judgment was entered for the Plaintiffs.

The claim of the Plaintiffs as contained in paragraph 44 of the Statement of claim reads thus:

“44. By reason of the matters aforesaid, the Plaintiffs claim jointly and severally against the Defendants:

1. An order of the Honourable Court that the Plaintiffs who are staff of the Federal College of Education, Okene were employed under the Harmonized Tertiary Institution Salary Structure (HATISS) since their absorption in 1994 of appointment at various times after September 1994 and should remain in their schedules as directed by the Honourable Minister of Education on the 28th day of October 2002.

2. A declaration that the purported termination of the Plaintiffs’ employment on the 8th of April 2003 vide letters issued to the Plaintiffs in a retroactive manner and for confirmed staff of the Federal Colleges of Education Okene is illegal, wrongful and ultra vires.

3. A declaration that the Plaintiffs have not committed any offence(s), misconduct or general inefficiency to warrant the sudden termination of the employment of the Plaintiffs by the 1st and 2nd Defendants.

4. A declaration that the Plaintiffs are still employees of the Federal College of Education, Okene and they should be re-instated to their position in the Federal College of Education Okene Staff Primary School.

5. An order of Permanent Injunction retraining the Defendants from filling the position of the Plaintiffs in the Federal College of Education Staff Primary School Okene or taking further steps on the direction until the final determination of the Suit.

6. An order that the 1st and 2nd Defendants have short-paid the Plaintiffs various 22%, 20% and 15% allowances for 20, 12 and 19 months respectively totaling N1,464,457:00k.

7. An order to award N1, 464,457:00K to the Plaintiffs.”

The facts of the case is briefly stated as follows: In 1994 the Federal College of Education 1st defendant took over the Nursery and Primary School of the College along with the Staff of the School the number of years put in service by the Staff was retained for purposes of pension and gratuities. All the Staff of the Nursery and Primary School were absorbed by the 1st Defendant on the Elongated University Salary Structure EUSS then in operation. Letters of absorption were issued to each of the Staff of the Nursery and Primary School.

The Plaintiffs claimed that they diligently, efficiently and effectively served the 1st Defendant without any complaint. They variously received promotions and commendations in the course of their Service to the 1st Defendant. On 18th April 2003, the 1st Defendant terminated the Plaintiffs’ appointments without any cause. They contended that their appointments could not be terminated by the 1st Defendant, being in a permanent and pensionable employment of the 1st Defendant.

The Defendants contended that being agents of the Federal Government the Kogi State High Court lacked jurisdiction to entertain the Plaintiffs’ case against them. The Defendants further contended that by the conditions of service regulating the relationship of the Plaintiffs with the 1st Defendant, it has the right to terminate the Plaintiffs’ appointments upon payment of three months salary in lieu of Notice and same was offered to them in the letter terminating their appointments.