Federal College Of Education (Technical) Gusau & Anor V. Umar Abubakar (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TUNDE O. AWOTOYE, J.C.A. (Delivering the Leading Judgment)

This is the judgment in respect of the appeal against the decision of Federal High Court, Gusau Division, delivered on 30/4/2012.

The Respondent (then the plaintiff) had claimed as follows against the appellants:

“1. A declaration that the Defendants’ letter with Reference No: FCET/GS/R/SP.244 dated 24th June 2011 purporting to dismiss the Plaintiff from the services of the 1st Defendant is unlawful, malicious, irregular and a flagrant violation of the Plaintiff’s right of employment.

2. A declaration that the Defendants’ letter with Reference No: FCET/GS/R/SP.244 dated 24th June, 2011 purporting to dismiss the Plaintiff from the services of the 1st Defendant on the ground of consideration of the reports of the Senior Staff Disciplinary Committee Appointment and Promotions Committee bordering on allegations of crimes which the Plaintiff had not been convicted for by any regular court of the land is unlawful, irregular and a flagrant violation of the Plaintiff’s right of employment and consequently null and void and of no effect whatsoever.

3. An order of this Honourable Court setting aside the purported dismissal of the Plaintiff by the Defendants, same being unlawful, malicious, irregular and a flagrant violation of the Plaintiff’s right of employment until the mandatory retirement age.

4. An order of this Honourable Court directing the Defendants to reinstate the Plaintiff to his employment with the 1st Defendant and to be paid all his benefits and emoluments, including the 50% of the salary arrears increments effective from the period of his interdiction, being August, 2009 till the period of the purported dismissal.

5. An order awarding the sum of N5,000,000.00 (five Million Naira only) to the Plaintiff as general and exemplary damages against the Defendants.

6. Plus the cost of this action.”

After parties had exchanged pleadings and called witnesses, the learned trial judge gave judgment inter alia thus:

“Now, the Plaintiff having proved his case as founded by this Court above, pursuant to which this Court declared his dismissal by the 2nd Defendant unlawful, the said Plaintiff is in my view, entitled to judgment.

The only appropriate remedy to the unlawful dismissal of the Plaintiff by the Defendants in my opinion is to reinstate the Plaintiff back to his employment. See the case of OLANIYAN V UNILAG (supra) at 180.

Consequently, reliefs 1, 2, 3, 4 and 6 as endorsed on the Writ of Summons and statement of claim are granted the Plaintiff against the Defendants. However, relief 5 as endorsed on the Writ of Summons and statement of claim is refused because granting that relief in my view will amount to double compensation in view of the granting of relief 4, which is wrong. See the case of C.C.B (NIG) LTD V NWANKWO (1993) 4 NWLR (Pt.286) 159 @ 174.

Judgment is therefore entered for the Plaintiff.