James A. Ikuma V. Civil Service Commission Benue State & Ors (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED LADAN TSAMIYA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the high Court of Justice sitting in Makurdi Judicial Division of Benue State in Suit No: MHC/99/1998 dated 15/02/2005, dismissing the suit.

The plaintiff (herein referred to as the appellant) until his dismissal was a staff of the State Ministry of information, youths and sports. He was duly employed in 1980 as clerical Assistant then rose to the rank of senior personnel assistant on grade level 07/1 in 1991. Within this period, his appointment was confirmed and was made permanent and pensionable.

In 1996 he was issued with a query to answer some criminal allegations against him involving financial irregularities. He answered the query denying the allegations. He was suspended from service in 1996 and finally, in May 1998 he received a letter, dismissing him from service. Consequently, he filed this action claiming the following reliefs as contained in paragraph 28 of his amended statement of claim.

a. “A declaration that the suspension and subsequent dismissal of the plaintiff’s confirmed and pensionable appointment from the Benue State civil service by the first defendant vide letter Ref: No:09719/S/VOL. 1/6 dated 25th March 1998 is unlawful, contrary to the rules of natural Justice, null and void and of no effect whatsoever.

b. A declaration that the plaintiff is still a staff in the service of Benue State Government and is entitled to his full remuneration and all other entitlements up to and from the date of suspension and dismissal to the date of judgment of this Honourable Court.

c. An order of injunction restraining the defendants by themselves, agents, officers, servants or staff from interfering or preventing the plaintiff from performing the functions of his office, duties or enjoyment of the rights, privileges and benefits attached to the said office.

d. An order directing/compelling the first and second defendants to reinstate or restore the plaintiff to his post and or office with all the rights, privileges and benefits attached thereto.

e. An order setting aside the purported letters of suspension and dismissal afore stated including the directive that the plaintiff should refund the sum of N117, 207.13 or any part thereof to the Benue State Government.

f. An order of injunction restraining the third defendant from recovering the said sum of N117, 207.13 from the plaintiff and/or embarrassing, arresting, detaining or further inviting him in connection with the refund of the sum of N177,207.13 as contained in the letter of dismissal under reference.

ALTERNATIVELY

The plaintiff claims against the defendants jointly and severally the sum of N1.5M (One Million Five Hundred Thousand Naira only) being special, general and aggravated damages for unlawful dismissal, harassment and embarrassment.”

See pages 60 – 61 of the record of this appeal.

At the trial, the plaintiff gave evidence for himself and called no other witness while the defendants called only one witness as DW1. In his judgment the trial judge dismissed the suit in its entirety as having no merits.