Federal Medical Centre, Ido. Ekiti & Ors V. Isaac Olukayode Olajide (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHIDI NWAOMA UWA, J.C.A (Delivering the Leading Judgment)

This is an appeal against the judgment of the Federal High Court sitting at Akure, delivered by L.J. Akanbi, J on 26th November, 2007, at the time the action was instituted, Ado Ekiti Division of the Federal High court had not been created. After the suit was transferred to Ado Ekiti Judicial Statement signed by J.D Orung, pages iv-v of the printed records of appeal.

The appellants herein were the defendants before the trial court, while the respondent was the plaintiff, in his amended writ of summons dated and amended on 9/10/06 (vide the application, dated 21/3/06 pages 13 – 19, of the records, by which the amended writ of summons was brought in, pages 33-34 of the records.) The plaintiff’s claim at the trial court against the defendants jointly and severally is as follows:

a) “A declaration that the termination of the plaintiff (sic) appointment under defendants by the defendants and contained in a letter of termination reference number FMC/ID/EK//P278/64 of 8th November, 2005 is wrongful, illegal, unconstitutional, null, void and of no effect whatsoever,

b) A mandatory order on the defendants to re-instate the plaintiff with full entitlements from the date of termination of the appointment till judgment and thereafter”

At the trial, the respondent as plaintiff called two witnesses and tendered several Exhibits amongst which were his letter of appointment and a query.

The 1st and 2nd appellants on their part called two witnesses while the 3rd and 4th respondents called a sole witness. The respondent gave evidence to the effect that he was appointed by 1st appellant on 26th May, 2000 as a nurse, page 6 of the records, his appointment was confirmed after two (2) years, as per letter of confirmation dated 9th July, 2004, reference No. FMC/ID/EK/232, page 7 of the records of appeal.

The respondent was found culpable by the appellants for his role in refusing to allow a Medical Doctor perform an operation in the theatre which resulted in the death of the mother and child, thereafter his appointment was terminated by his employer the 1st Appellant. This resulted in the respondent filing the present action at the Federal High Court, Akure.

The judgment of the trial court of 26th November, 2007 was given in favour of the respondent, and an order of reinstatement of the respondent was ordered amongst other reliefs granted.

Dissatisfied with the said judgment, the 1st and 2nd set of appellants, appealed to this court.

There were two Notices of Appeal filed, the first was filed on 29/11/07 with a sole ground of appeal and the second one was filed on 22/2/08 containing six (6) grounds of appeal.

The former was amended on application (dated 17/17/08, filed on 18/7/08) with the leave of this court granted on 10/2/09 in which additional grounds 2 – 6 were deemed filed on that day by the 1st and 2nd appellants as applicants.

The second Notice was also amended on application by the 3rd and 4th appellants as applicants, with the leave of this court filed additional grounds 7 – 9, the Notice dated 11/4/09, filed on 14/5/09 was deemed as properly filed and served on 20/5/09.

As a result, the 1st and 2nd appellants’ grounds of appeal are six (6) while that of the 3rd and 4th appellants are nine (9) in total.