Mr M. A. D. Ukiri V. Federal Civil Service Commission & Anor (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of the Federal High Court sitting at Abuja in Suit No-FHC/ABJ/563/05 which was delivered on 20th day of February, 2008.

Briefly the facts of the case are that the appellant as plaintiff commenced an action at the lower Court in which he claimed against the Respondents the following reliefs:-

“(a) A declaration that the verbal directives given by the Defendants that the plaintiff be suspended and/or stopped from the exercise of his duties as a Deputy Director and the actual suspension and/or stoppage from duty without pay since September 2003, is irregular illegal null and void.

(b) A declaration that the directives given by the Defendants that me plaintiff assume duty as Assistant Chief Accountant in grade level 13 is irregular, illegal, null and void.

(c) An order directing the Defendants to recall the plaintiff as a Deputy Director without any prejudice to his rights and privileges.

(d) An order directing the Defendants to pay all the arrears of his salary and entitlements forthwith.”

Upon the service of the Writ of summons and the Statement of Claim on the Respondents, the first Respondent entered a conditional appearance (See page 19 of the records). The second Respondent, the Office of the Accountant General of the Federation did not enter appearance at all.

The 2nd Respondent in effect did not contest and/or defend this case at all.

At the conclusion of hearing, the learned trial Judge in a considered Judgment held that the Appellant’s case was statute barred. The Appellant dissatisfied with the said Judgment now appealed to this court.

The Learned Counsel for the Appellant formulated two issues for determination as follows:-

“(1) Whether the Public Officer’s Protection Act can avail a public officer who acted outside scope of his Public duty

(2) Whether the Appellant is not entitled to Judgment given that his evidence is unchallenged and uncontroverted.”

The learned counsel for the Respondents also formulated three issues for determination set out as follows:-