Mr. Ibrahim Jibril V. The Military Administrator, Kwara State & Ors. (2006)

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HELEN MORONKEJI OGUNWUMIJU, J.C.A.

This is an appeal against the judgment of Hon. Justice B. Orilonise of the Kwara State High Court, sitting at the Ilorin Judicial Division of the court delivered on the 16th of November, 2001. The appellant herein was the plaintiff at the High Court of Kwara State and the defendants herein the respondents.

The appellant was a staff of the 4th respondent, Kwara State Water Corporation and was a Principal Works Officer Grade 1. He was in the project unit. Sometime in 1995 based on some perceived irregularities, the 4th defendant set up an investigation panel headed by the 5th defendant which panel found the appellant guilty of gross misconduct. A Ministerial Disciplinary Committee was subsequently set up by the 3rd defendant which queried the appellant and consequently recommended to the Military Administrator his dismissal from service.

The appellant dissatisfied filed an action at the High Court against the respondents and claimed the following:

1. A declaration that the constitution of the Disciplinary Ministerial Committee by the Kwara State Ministry of Water Resources is incompetent, null, void and of no effect.
2. A declaration that the white paper on the findings and recommendations of the Disciplinary Ministerial Committee on losses of Japanese Grant Aid Materials Secured through the assistance of the Federal Government headed by the 2nd defendant who is the Chief Legal Adviser to the Kwara State Government and a Member of the State Executive Council predicated on the report of the panel on the investigation of the losses of Japanese Grant Aid Materials is incompetent.
3. A declaration that his dismissal from the service of the Kwara State Water Corporation vide a letter dated 29th June, 1998 is without just, reasonable and lawful cause and thus null, void and of no effect.
4. A declaration that the Kwara State Ministry of Water Resources is not competent to dismiss the plaintiff from employment of the Kwara State Water Corporation and the letter of 29th June, 1998 emanating from it is null, void and of no effect.
5. A declaration that the direction for refund of N1,717,867.00 against the plaintiff vide the letter of dismissal dated 29th June, 1998 is without just, and lawful cause, and thus null and void.
6. An order directing the plaintiff’s reinstatement into the services of the Kwara State Water Corporation in his substantive rank of principle works superintendent 1 with full payment of his salaries and allowance:

ALTERNATIVELY the plaintiff claims as follows:

(a) Unpaid salaries and allowances for the period of suspension, November, 1995 to June, 1998 totals 32 months at N3,682.00 per month = N117,824.00

(b) Salaries and allowances from present age of 47 years up to retirement age of 60 years totals 13 years at N43,884 per year = N590,593.00

(c) Gratuity upon retirement at 108% x annual salary x 3 years = N 131,652.00

(d) Monthly pension at 70% monthly salary = N2,177.00

(e) Leave Bonus from 1995 till retirement age of 60 years at N2,000 a year = N34,000.00

Grand Total = N876,246.00

Pleadings were filed and exchanged. At the trial, the appellant gave evidence for himself and called no other witness. He tendered exhibits A, B, C, D, & E. He tendered exhibits F & F1 and F2. Also stores requisition Nos. JM/26/94 and JM/17/3/95 respectively. Stores requisition form 40 A No. JM/ln5 dated 25/1/1995 admitted as exhibit G. The appellant’s reply to query dated 11/12/1995 admitted as exhibit G 1.

The respondent’s called three witnesses. D.W. 1 tendered exhibit which is the report of the Panel on Investigation of Stock of Japanese Grant Aided Material dated 3/11/95. The report of the disciplinary panel set up by the State Government was tendered as exhibit J.

At the end of the trial, the trial Judge found that the disciplinary procedure in the 4th defendant’s condition of service was strictly followed in the dismissal of the plaintiff. He also held that the plaintiff had failed to establish that his dismissal was null and void. The trial court dismissed all the claims. The appellant has appealed to this court against that judgment. Mr. J.S. Bamigboye, Mr. L.O. Abdulsalam with him appeared for the appellant and argued the appellant’s brief dated 9/5/2005 and filed on 10/5/2005. It was deemed filed on 21/6/2005. Mr. C.O. Toyin Pinheiro for the respondents argued the brief dated 28/10/2005 filed on 31/10/2005 and deemed filed on 26/1/2006.