Felix Anozie V. Attorney General of the Federal Republic of Nigeria. & Ors (2007)

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JIMI OLUKAYODE BADA, J.C.A.

This is an appeal against the ruling of the Federal High Court, Enugu delivered on the 25th day of May, 2004 in suit No. FHC/E/CS/22/2003 – Felix Anozie AND Attorney General of the Federal Republic of Nigeria and others.

By paragraph 32 of the Statement of Claim, the Plaintiff now Appellant sued the Defendants now Respondents jointly and severally praying for the following reliefs:-

“(a) Declaration that the Plaintiff cannot be dismissed from the 3rd Defendant’s employ except as laid down in the Regulations governing the conditions of service of Staff Federal Colleges of Education in Nigeria.

(b) Declaration that the letter of 27th day of April, 1999 is null and void and of no consequence.

(c) Declaration that the Plaintiff is entitled to all his salary and promotions which became due to him from the 27th day of April, 1999 till the date of his retirement from service.

(d) Declaration that the Defendants have no reason whatsoever in the circumstance of this case to continue to treat the Plaintiff as if he is not a staff of 3rd Defendant.

(e) Declaration that the Defendants have no reason whatsoever not to pay the Plaintiff his remunerations as a staff of the 3rd Defendant.

(f) An order compelling the 4th Defendant to restore the Plaintiff to his position as a Staff of the 3rd Defendant.”

In a considered ruling, the trial court after listening to addresses from both counsel dismissed the Plaintiff’s suit for being statute barred.

The Plaintiff/Appellant being dissatisfied with the said ruling of the lower court now appealed to this Court.

The appellant formulated one issue for determination as follows:-

“Whether the Plaintiff’s suit is statute barred.”

The 3rd to 5th Respondents on the other hand also formulated one issue for determination as follows:-