Mr. Alexander Okoh & Ors V. University Of Lagos & Anor (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A. (Delivered the Leading Judgment)

By Notice of Appeal dated 15th October, 2001 and filed on the 15th October, 2001, the Plaintiff’s/Appellants, being dissatisfied with the decision of the Federal High court, holden at Lagos contained in the Judgment of Honourable Justice G.A.T. Jinadu delivered on the 16th day of July, 2001 in suit No.

FHC/L/CS/280/98 MR. ALEXANDER OKOH & 7 Ors AND UNIVERSITY OF LAGOS & ANOR whereby he dismissed the Appellants’ case, have appealed to this Honourable court. From Records, the gist of the Appellants case (as Plaintiffs in the lower Court) is this.

The Appellants were employed by the Respondents'(as Defendants in the lower court) university through the Lagos State police Command as Supernumerary Policemen at various times between 1982 and 1991, with salaries that ranged from EUSSS 04 to 05. The Respondents paid the Appellants salaries, allowances and other emoluments as instructed by the Nigeria police Force.

Sometime in June, 1996 and 1997 respectively, the Lagos state police command by its letter dated 12th June, 1996 and a reminder letter dated 10th January, 1997 communicated the change in the personnel emoluments of the Appellants to conform with other employees of the Respondents’ University.

The Respondents by their letter dated 31st March, 1997, and served on the 9th of April, 1997 terminated the employment of the Appellants with immediate effect and offered to pay only a months salary in lieu of notice which sum the Respondents refused to pay.

The Appellants subsequently protested to the Commissioner of Police Lagos State over the matter and the Commissioner of Police by his letter dated 9th September, 1997 sought explanation from the Respondent but no reply was given by the Respondents.

The Appellants had claimed that the mode of termination of their employment by the Respondents was contrary to the terms and conditions of employment of the Plaintiffs by the Respondents university and violates the Provisions of the police Act.

The Respondents denied the claim of the Appellants and stated that the University never employed the Appellants who were not entitled to salaries in lieu of notice, pension/gratuities and other emoluments.

The Appellants (as plaintiffs) in the lower court had then instituted an action at the Federal High court, Lagos in suit no FHC/L/CS/290/98 for the following declarations and order which are reflected in paragraph 15 of the Statement of Claim filed on the 11/11/1998

1. A. DECLARATION that the purported determination or Termination of the Plaintiffs’ appointment or employee with the Defendant’s University vide a letter dated 21st day of March, 1997, is wrongful, invalid, illegal and ineffectual.
2. A DECLARATION that the plaintiffs are similarly entitled to salaries in lieu of notice gratuities, pensions and other entitlements or allowances from the Defendants and other counterparts of the same cadre in the University/or Defendants’ employment
3. A DECLARATION that the plaintiffs are entitled to the Payment of their salaries, gratuities, pensions and allowances in accordance with the applicable University salary scale as at 31st day of March, 1997.
4. AN ORDER COMPLELLING the Defendants to work out and pay to the Plaintiff’s their normal salaries in lieu of notice gratuities, pensions and allowance payable to the employee of the same cadre in the employment of the Defendants’ University.
5. N5,000,000.00(Five Million Naira) being damages for the unlawful, illegal, wrongful and invalid termination or determination of the Plaintiffs’ employment by the Defendants.

The parties in the suit, duly filed and exchanged their respective pleadings and the matter proceeded to trial. Resultantly judgment was delivered on the 17th of July, 2001, wherein the learned trial judge came to this conclusion inter alia. I agree with the submission of the learned Counsel for the defendants that the reliefs claimed by the plaintiffs can only be granted and awarded to them if this court finds that the plaintiffs were indeed employees of the defendants I have found that the plaintiffs were indeed not employees of the Defendants but members of the Nigerian police Force. In that circumstance, they are not entitled to the grant of the declaration’s orders sought including damages Accordingly this action fails and it is hereby dismissed”.

from records and according to the Practice Direction of this court, the Appellants filed their notice of Appeal on the 15th of October 2001 and their brief of argument on the 2nd of July, 2002, while the Respondents on their part filed their final brief of argument on the 26th of January, 2008. on the 4th of October, 2010, Rotimi Jacobs Esq. adopted the Appellants’ brief while T.O.S. Fadahunsi Esq adopted the Respondent brief on same date.

In arguing the appeal, the appellants had proffered two issues for determination. I hereby reproduce same verbatim.

(1) Whether the plaintiffs/Appellants employment as Supernumerary Police men posted to the university of Lagos were properly terminated in accordance with the conditions and terms of their employment.