MR. Idongesit Udom V. National Business And Technical Examination Board & Anor (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment)

The instant appeal is against the ruling of the Federal High Court, Benin Judicial Division, holden at Benin City on March 5, 2010 in Suit No. FHC/B/CS/75/2006. By the ruling in question, the Lower Court, coram, M. B. Idris, J; dismissed the Appellant’s Suit for lack of jurisdiction. Thus, consequent upon the leave granted thereto, the Appellant filed the notice of appeal thereof on March 12, 2010 against the said ruling.

BACKGROUND FACTS:

The circumstances surrounding the appeal are not at all far-fetched. They are gleanable from the records of appeal. On 02/5/2006, the Appellant instituted the said suit in the Lower Court vide a Writ of Summons thereby seeking some declaratory reliefs against the Respondents. By paragraph 50 of the statement of claim thereof, filed along with the Writ of Summons, the Appellant has sought against the Respondents, the following reliefs:

(a) A declaration that (h)is termination was unlawful, wrongful and against regulations governing the service of his appointment.

(b) An order of reinstatement of his appointment.

(c) Payment of his salary from 15th July, 2004 date

(d) General damages of N2 million against the defendants jointly and severally.

OR IN THE ALTERNATIVE

A declaration that the plaintiff is entitled to his severance allowance pension scheme in accordance with the term in his letter of appointment and the staff pension scheme.

By the joint statement of defence thereof dated 14/12/06, the Respondents denied the Appellant’s claim, and thereby urged upon the Lower Court to accordingly – “dismiss the Plaintiffs claim in its entirety as same is speculative, frivolous, baseless and unmeritorious.”

On 12/01/07, the Respondents filed in the court below a motion on notice praying for the following relief:

An order of this Honorable Court setting down the points of law raised in paragraph 17 (a) (b) (c) and (d) in the Defendants’ Joint Statement of Defence and also as hereinafter set out in the schedule of this motion.

AND for such further order or other orders as this Honourable Court may deem fit to make in the circumstances of this case.