Mobil Producing Nig. Unlt & Anor. V. Udo Tom Udo [pc No. 542] (2008)

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JEAN OMOKRI, J.C.A.

This is an appeal against the judgment of Okon, J. of the High Court of Akwa Ibom State sitting at Eket in Suit No. HEK/97/2001 delivered on 9/8/05.

The brief facts of the case are that the respondent, a retired soldier and a professional driver, who was the plaintiff at the lower court applied for employment as a driver in the 1st appellant’s company, which was the 1st defendant at the court below. The 1st appellant interviewed and employed the respondent in September, 1991 as a driver. Thereafter he was sent for training in Police Training School, Calabar. After the training the respondent was deployed to the Security section as a driver. He was assigned a Toyota Jeep with Registration number M 220 PNG. On the 6/10/2000, the respondent was involved in an accident with the said vehicle. The respondent alleged that he was beating up by some Mobile Police men working for the 1st appellant. The respondent was subsequently given an orderly room trial and he was found guilty. Sequel to that finding the respondent was issued with a Warning letter dated 26/10/2000 by the 1st appellant. On the 14/12/2000, the respondent was issued another letter dated 1/11/2000, captioned “Suspension from Duty without Pay”.

Aggrieved by the sudden change of fortune the respondent instituted proceedings against the appellant before court below claiming in his paragraph 21 of the further amended statement of claim as follows:

“WHEREOF PLAINTIFF CLAIMS against 1st and 2nd defendants jointly and severally:

(i)(a) Payment of N50 Million General Damages for assault, wrongful detention, wrongful suspension from duty, false accusation of a crimmous charge and acting therein; wrongfully depriving plaintiff of his remuneration and for various losses (emotional, health, financial and physical suffered). Payment of Spy POLICE SALARY of N12, 000.00 monthly from November, 2000 to date of judgment.

(i)(b) Payment of Spy ALLOWANCE calculated at the rate of N52, 000.00 monthly from January, 2001 to date of Judgment.

(i)(c) Payment of SPY ANNUAL ALLOWANCES comprising Leave Allowance of N100,000.00, Christmas Bonus of N26, 000.00, from 2001 to date of Judgment.

(i)(d) Payment of all terminal entitlements calculated at 1st defendant Prevailing rate (i.e. at least N3 Million for every year worked) i.e. from 1991 to date of Judgment. This is in lieu of reinstatement by 1st defendant at final determination of this suit.

(i)(e) Cost of action.

(ii)(a) “SUSPENSION FROM DUTY WITHOUT PAY” – letter dated November 1, 2000 – to plaintiff and –

(ii) A Declaration that 151 defendant’s –

(ii)(b) “WARNING NOTICE” Letter dated 26th October, 2000 – to plaintiff both pleaded above are unjust, unconstitutional, illegal, null and void.”

At the conclusion of the trial, the court below entered judgment in favour of the respondent and awarded him the sum of N6,402,000.00 as damages.