Federal Medical Centre, Ido-ekiti & Ors V. Folorunso Kayode Michael (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MODUPE FASANMI, J.C.A (Delivering the Leading Judgment)

This is an appeal against the judgment of the Federal High Court, Ado-Ekiti, Ekiti State delivered on the 28th of October 2009. The suit was filed at the Akure Judicial Division of the Federal High Court but was later transferred to the Ado-Ekiti Judicial Division of the Federal High Court for trial when same was created.

The facts are that the Respondent was employed by the 1st Appellant as a clerical officer on about the 30th of July 2002. He was upgraded to the position of Assistant Executive Officer on 12th of August 2005 when his appointment was confirmed. Respondent was the Secretary General of the Medical and Health Union of Nigeria, the 1st Appellant’s Centre, Ido-Ekiti. On or about the 17th day of March 2006, his appointment was terminated by the Appellants. He was neither summoned before any disciplinary panel let alone being issued query.

Appellants contended that the Respondent’s appointment was not terminated but that his appointment was down sized in line with the decision of the Appellants taken on 15th November, 2005 pursuant to the reform of Public Service Rules which was published in March 2006.

Pleadings were filed and duly exchanged. At the end of the trial, the learned trial judge on the 28th of October 2009 entered judgment in favour of the Respondent and ordered reinstatement of the Respondent among other reliefs. Dissatisfied with the judgment, the Appellants appealed to this court.

In compliance with the rules of this court, Appellants filed their brief of argument on the 15th of November, 2011 but was deemed properly filed and served on the 8th of November 2012, while Respondent’s brief of argument was filed on 19th of April 2012 but it was deemed properly filed and served on the 8th of November, 2012.

At the hearing of the appeal, Miss Oluwaseun Olotu a Legal Officer represented the Appellant. She adopted and relied on the Appellant’s brief of argument filed on 15/11/11 but deemed properly filed and served on 8/11/12. She urged the court to allow the appeal. Mr. Olabanjo Ayenakin, Learned Counsel for the Respondent adopted and relied on the brief filed on 19th April 2012, but which was deemed properly filed and served on the 8th of November 2012. He urged the court to dismiss the appeal as lacking in merit.

Appellants distilled four issues for determination as follows:

(1) Whether the trial court was justified in holding that the Respondent’s employment is one with statutory flavour.

(2) Whether the trial judge was justified in ordering reinstatement of the Respondent.

(3) Whether the procedure adopted in terminating the appointment of the Respondent violates the rules of natural justice.

(4) Whether from the issues arising, the trial court was justified in ordering payment of all salaries and allowances to the Respondent.

Learned Counsel for the Respondent adopted the issues formulated by the Appellant. The court will determine the appeal on the issues formulated by the Appellant in this order. Issues 1, 3, 2 and 4, which will now be rearranged as issues 1, 2, 3 & 4 in the judgment.

Issue One.