Mr. Godwin E. Okhilua v. Power Holding Company Of Nigeria (Benin Distribution Of Company) (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

LATEEF ADEBAYO GANIYU, JCA (Delivering the leading judgment)

The judgment of the National Industrial Court of Nigeria, Akure Judicial Division, delivered on 3rd day of June, 2014, Coram: A.N. Ubaka J birthed the instant appeal, wherein the trial court inter alia held thus:

“It therefore follows that the claims of the claimant in the instant case are caught up by section 2(a) of Public Officers Protection Act.

In sum total the action of the claimant on the 6th January, 2010 is statute barred having been commenced more than three months after the course of action arose in 2005. The case is accordingly fails and is hereby dismissed. I make no order as to cost.”

Disenchanted by the afore-quoted decision of the trial court, the appellant filed his amended notice of appeal on 23/11/2020.

This appeal came up for hearing on 29/4/2024. I.O.I. Adebayo Esq., held the brief of Rowland Otaru, SAN for the respondent while the appellant who was not represented in court on that day was served through his learned counsel via SMS on 25/4/2024 vide mobile telephone numbers 08028900120 & 08092865242 but despite the aforesaid service, neither the appellant nor his learned counsel appeared before this court on 29/4/2024 when this appeal came up for hearing.

Hence, this court on the application of the respondent’s counsel on record and by virtue of the provision of order 19 rule 9(4) of the rules of this court, deemed that the appellant’s brief has been argued.

Brief statement of facts

The appellant in this appeal was an employee of the respondent who joined the service of the respondent as Officer IV (Accounts) in 1997 vide letter of offer of appointment with reference No. NEPA/26/0001/1769/97 and between 1997 and 2005 rose to the rank of Officer Il marketing grade level 08 in the respondent’s company.

According to the appellant, upon assumption of duty, he was posted to Akenzua District of the respondent under the supervision of the Commercial Manager of Akenzua District, one Mr. L.O. Oshodi who requested him to be giving to him, daily gratification in the sum of N3,000.00 from all PHCN disconnection carried out on customers by the appellant, the request that the appellant considered to be unwholesome to him.

Hence, the resolve by Mr. L.O. Oshodi to frustrate him at their place of work because according to the appellant, the request is normal thing among the said Mr. L.O. Oshodi and his subordinates who had previously served under him.

Therefore, friction ensued between the appellant and the said Mr. L.O. Oshodi, who used his superior position to that of the appellant to cause a query dated 4th of April, 2005 on the allegation of non-delivery of eight (8 No) MD Bills and fraudulently forging signatures of customers to be served on the appellant when he reported to duty on 6th April, 2005. Again, on 1/6/2015, another query was issued to the appellant on allegations of general misconduct, fraudulent practices and illegal connection of electricity supply which prompted the lodging of a petition by one Mrs. Bose Ayu. Furthermore, the appellant contended that on 4/7/2005 he was issued with an audit query bothering on allegation of crime which he responded to on 10/8/2005.

Besides, the appellant averred that he wrote a letter to the Corporate Headquarters, Abuja, on his purported dismissal which was acknowledged by the respondent and the appellant’s letter was referred to the Chief Executive Officer, Benin Electricity Distribution Company for necessary action on the allegation raised in the said petition which was yet to be reinvestigated till date.

The appellant contended that his dismissal carried out by Benin Zonal Office runs contrary to the rules and regulations guiding his conditions of service with the respondent and was also denied his fundamental right to fair hearing.