Mr. Benjamin Ukwuom V. Federal Ministry Of Sports And Social Development & Ors (2007)

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MARY U. PETER-ODILI, J.C.A.

This is an appeal against the ruling of the Federal High Court (Abuja) dated 23rd July 2003 delivered by the Honourable Justice Binta Nyako. The Appellant as Plaintiff in the court below instituted the action by way of Originating Summons and claimed 16 reliefs as follows:-

1. A declaration that the purported termination of employment, retirement of the applicant from service is wrongful unlawful and null and void.

2. A declaration that the letter purporting to retire the Applicant from service dated 6th May, 1999 is irregular, null and void.

3. A declaration that the Senior Staff Committee of the Federal Ministry of Sports and Social Development acted beyond its powers under the Rules of Public Service Rules (part v) Rules 4, 8(ii)

4. A declaration that the procedures adopted by the Ministry of Sports and Senior Staff Committee of the Ministry were irregular and in violation of the Civil Service procedure on discipline particularly part v Rules 4,8 (ii), 17, 18, 19, 20, 21, 22 and 23 (i) and (ii) and part iv of the Guidelines for Appointments Promotion and Discipline and chapter 4, Rules 04302, 04303, 04304, 04305, 04306, 04401, 04402, 04405 and 04601 of the Federal Government Public Civil Service Rules 2000.

5. A declaration that the procedure adopted by the Senior Staff Committee, the 1st Respondent violates the applicants fundamental Right to fair hearing.

6. A declaration that the procedures adopted by the 1st Respondent, the Senior Staff Committee of the 1st Respondent in investigating and the trial of the allegation of theft of iron rods from the National Stadium, Lagos were irregular, unconstitutional. 7. A declaration that the 4th Respondent was negligent in framing an allegation of theft against the Applicant based on purported Newspaper report 8. An injunction restraining the 5th Respondent, its agents or privies from interfering with the official accommodation of the Applicant pending the determination of the case. 9. An order of mandamus directing the 1st and 2nd Respondents to reinstate the applicant in the service and to pay him all the arrears of his emoluments.10. A declaration that the purported query given to the applicant by the 4th Respondent is irregular, null and void being contrary to the procedure laid down by the Rule 043021, 04303 and 04304 of the Civil Service Rule and the Guidelines for Appointments, Promotion and Discipline particularly part v, Rules 1, 2 and 4 thereof.

11. A declaration that the purported suspension and retirement from service, based on the query of the 4th Respondent is irregular, null and void.

12. A declaration that the purported proceeding, meetings, considerations of the applicants case by the Senior Staff Committee of the 1st Respondent is irregular unconstitutional null and void and of no effect. 13. A declaration that the failure of the Senior Staff Committee of the 1st Respondent to invite the applicant to testify before it, to defend himself against the allegation of the 4th Respondent violates the applicants fundamental and constitutional, null and void.

14. A declaration that the composition of the Senior Staff Committee which tried/deliberated on the allegation of the 4th Respondent violates the cardinal principle of natural justice and is unconstitutional and void.

15. An order of mandamus directing the 1st and 4th Respondents to pay the Applicant the sum of

N10 million naira damages for inducing the wrongful/unlawful and premature suspension and termination of the employment of the applicant.

16. Any further order (s) as this Honourable Court may deem fit to make in the circumstances.