Joseph Achimugu V. Hon. Minister of Federal Capital Territory & Anor (1998)

LawGlobal-Hub Lead Judgment Report

EJIWUNMI, J.C.A.

This action was commenced by the appellant in the High Court of the Federal Capital Territory, Abuja in suit No. FCT/HC/M/771/93, brought an application under Order 43 of the High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 1991 for the judicial review of the dismissal of the appellant from the services of Federal Capital Development Authority.

At the hearing, though the 1st respondent was duly served, did not appear nor was it represented by counsel. Having listened to the argument of counsel for the appellant and the learned trial Judge upheld the reliefs sought for by the appellant, as he held thus:-

“In the light of all the above, I have no alternative other than to grant the applicant’s reliefs. The purported dismissal of the plaintiff/applicant’s appointment as an Estate Officer III is null and void and I so declare. The applicant, Mr. Joseph O. Achimugu, should be reinstated to his office with effect from 12 September, 1989 when he was purportedly dismissed from the services of the respondent. The applicant’s re-instatement should be without any domination in his status or salary. It is also hereby ordered that the applicant’s salaries, allowances and other entitlements be paid to him with effect from 12th September, 1989. The applicant is declared to be still an officer in the services of the respondent.”

After that ruling against which neither party has appealed, the appellant there took out an originating summons against the respondent in the High Court of the Federal Capital Territory, Abuja, wherein he asked for the determination of the following questions:-

(1) Whether the plaintiff, a civil servant whose appointment has a statutory flavour and governed by the Federal Civil Service Rules, can have his appointment terminated by the first defendant offering to pay him 3 months’ salaries in lieu of notice?

(2) Whether the plaintiff falls within the category of Federal Government employees whom the Pensions Act, 1979 applies to his employment?

(3) If the answer to question 2 is positive, whether the plaintiff is entitled to gratuities and pension on the termination of his appointment?

(4) Whether the termination of the plaintiff’s appointment aforesaid in question No. 1 amounts to breach of his contract of service as governed by the Federal Civil Service Rules for which he can be compensated in damages as alternative to re-instatement.

(5) If the answer to question No.4 is positive, what is the quantum of damages?

(6) What amount is payable to the plaintiff as pension and gratuities?

In support of the originating summons a seven paragraphed affidavit was sworn to by one Kate Akpan, a law clerk in the chambers of Karina Tunyan and Co., Abuja, wherein she stated inter alia in paragraphs 5, 6, 7 & 8 of the said affidavit:-

Para. 5 That Karina Tunyan Esq. of counsel informed me and I verily believe him that, it will accelerate the hearing and proper determination of this suit if the entitlements of the plaintiff on retirement are spell out.

Para.6 That going by figures on Exhibit “C” the plaintiff’s entitlements as at 1994 per annum are as follows:-