Integrated Data Services Ltd V. Mr. Olajide O. Adewumi (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Hon. Justice S. O. Elaiho of the High Court of Edo State delivered on 20/4/2000. The facts that led to this appeal are as follows:-

The Plaintiff who is now the Respondent filed a writ of summons issued on 3/7/1995 against the Defendant now Appellant claiming the following reliefs:

(1) A declaration that the termination of the plaintiff as contained in the defendant’s letter IDSL/PF.C.15201 dated 31st August 1994 is void and of no effect whatsoever being a breach of natural justice, a breach of S.33 of the 1979 Constitution guaranteeing fair hearing to the plaintiff, and a breach of the conditions for termination as laid down in Employee’s Handbook (junior staff) made pursuant to S.4(1) of Cap 320 1990 Laws of the Federation as amended.

(2) An order setting aside the letter and its contents IDSL/PF.C. 15201 dated 31st August 1994.

(3) An order reinstating the plaintiff as an employee of the defendant with all rights and privileges of a confirmed staff.

(4) An order that he be given all promotions and incremental credits/salaries accruable since 31st August 1994.

(5) Any other relief.

Pleadings were duly filed and exchanged, evidence led and closed on either side.

After the addresses of counsel, the lower court delivered judgment on 20/4/2000 in favour of the Respondent.

The Respondent as Plaintiff at the trial court argued that he was not given a fair hearing by the Appellant as Defendant before his employment was terminated. His case was that allegations bordering on criminality were leveled against him by the appellant in that he was accused of fraud and dishonestly and receiving income not due to him. The appellant’s defence was that the respondent was never accused of offences bordering on criminality and that as a junior staff his employment was not one of statutory flavour and he was not entitled to the reliefs he claimed.

The trial judge found in favour of the respondent and granted all the reliefs claimed. Dissatisfied with that judgment, the appellant filed two NOTICES OF APPEAL, both within time on 15/5/2000 and 27/6/2000 respectively. The appellant rely on the notice of appeal filed on 15/5/2000 and the additional grounds of appeal allowed on 30/6/2005.

In the brief settled by A.P.A. Ogefere dated 18/7/2005 and deemed filed on 25/2/2008, the learned appellant’s counsel identified the following issues for determination.

(1) Whether a trial court had jurisdiction to entertain, try and deliver judgment in this suit on 20th April 2000 in view of S.231(1) C.F.R.N 1979 as amended by Decree 107 of 1993 and S.251(1) C.F.R.N. 1999.