Lucky E. Avwunuketa V. National Electric Power Authority (2000)

LawGlobal-Hub Lead Judgment Report

AKINTAN, J.C.A.

This is an appeal from the ruling delivered by Abutu, J, sitting at the Federal High Court, Benin City on 19th February, 1997, in suit No. FHC/B/19/95. The appellant, Lucky E. Avwunuketa, as plaintiff, had instituted the action against the respondent (NEPA) as defendant.

The plaintiff’s claim as endorsed on the writ of summons and repeated in paragraph 24 of the statement of claim is as follows:

“1. A declaration that the purported letter of termination issued by the defendant dated 25/10/94 is contrary to NEPA Staff Conditions of Service 1978 which governs the relationship between him and the defendant and is therefore wrongful, void and of no effect whatsoever.

2. A declaration that the plaintiff holds and is still holding a permanent pensionable appointment as officer IV (Stores) in the employment of the defendant at Sapele Power Station, Ogorode, Sapele.
3. An order reinstating the plaintiff as Store Officer (IV) in the employment of the defendant.

Alternatively,

4. An order directing the defendant to pay the plaintiff salaries and allowances attached to his post as Officer IV (Stores) until he attains the retirement age of 60 years in accordance with the defendant’s conditions of services, 1978″.

The respondent, as defendant, after filing its memorandum of appearance, it also filed its statement of defence. It thereafter filed a motion dated 19th June, 1996, in which the following relief was sought from the court:

‘An order to strike out this suit for want of jurisdiction.’

The motion was supported by a six paragraph affidavit deposed to by Oshodi Bamidele, a Personnel Manager with the defendant. Two documents were attached to the affidavit as Exhibits A & B. The main facts relied on in support of the motion are contained in paragraphs 3 and 4 of the affidavit. The two paragraphs read as follows:

3. That I am reliably informed by the Honourable Minister of Power and Steel, Alhaji Bashir Mohammed Dalhatu and Mr. S. A. Kida, General Manager (personnel Administration) of the defendant and I verily believe that the plaintiff’s appointment with the defendant was terminated by the defendant in a letter dated 25th October, 1994, after and pursuant to a delegation of authority so to do by General Sani Abacha the Head of State and Commander in Chief of the Armed Forces of Nigeria in a letter dated 8th August, 1994. A copy of the termination letter dated 25th October, 1994 and the Head of State’s letter dated 8th August, 1994 are attached hereto and marked Exhibits A and B respectively.
4. That I have been informed by the Solicitor to the defendant/applicant Adewoye O. Idode, Esq. and I verily believe that the plaintiff’s appointment with the defendant has been validly terminated in accordance with the provisions of the Public Officers (Special Provisions) Decree No.17 of 1984 which ousts the jurisdiction of this Honourable court”.

The first of the two documents attached to the affidavit is a letter dated 25th October, 1994 (Exh. A) titled ‘Termination of Appointment’, addressed to the appellant and signed by one S.A. Kida, General Manager (personnel/Administration) for the respondent. The letter reads as follows:

General Manager (Pers/Admin.) 25th October, 1994

L.E. Arwunuketa,

Officer IV (Store)

Headquarters ufs: AGM(G) Sapele Power Station

Ref: 02120.4/1356/94