Mr. Onu Agha Uduma V. Attorney-general Of Ebonyi State & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of B.A.N. Ogbu J, delivered in the Abakaliki Judicial Division of the High Court of Ebonyi State on 29th day of March 2001 in Suit No. HAB/27/2010.

On 18th day of May 2010, the Appellant as Plaintiff filed a writ of summons accompanied by a statement of claim against the Respondents.

Paragraph 34 of the Appellant’s statement of claim is as follows:-

34. Whereof the Plaintiff claims against the defendants jointly and severally as follows:-

(a) A Declaration that the letter No. EBS/CSC/09/002/1/248 headed “Dismissal of Mr. O.A. Uduma, for serious Acts of Misconduct” dated 20th May 2009 and signed by the Permanent Secretary/Secretary Ebonyi State Civil Service Commission which purports to dismiss/terminate the appointment of the Plaintiff as Chief Accountant in the Ebonyi State Civil Service is null and void, ineffective in law to terminate the appointment.

(b) A Declaration that the purported termination of the Plaintiff as Chief Accountant was in complete violation of his fundamental Human Right of fair hearing as provided for in Section 36 of the 1999 constitution.

(c) A Declaration that the purported termination of the Plaintiff’s appointment as Chief Accountant was in complete violation of the contract agreement entered into between the plaintiff and the Civil Service Commission on 16th January, 1987 and the provisions of the Public Service Rules and Guidelines for Appointment, Promotions and Discipline in the Civil Service.

(d) A Declaration that subject to good conduct and continuing efficiency the Plaintiff is entitled to continue in the service of Ebonyi State.

(e) A Declaration that subject to good conduct and continuing efficiency the Plaintiff is entitled at all material time including the period of his purported termination to receive all his salaries and emoluments and other benefits including promotion accruable to him under the terms of his employment.

(f) An order of the court setting aside the said letter dated 25th May 2009 which was signed by the Permanent Secretary/Secretary to Ebonyi State Civil Service Commission.

(g) An order of the court compelling the 2nd Defendant to reinstate the Plaintiff to his office and duty as Chief Accountant.

(h) An order that the Plaintiff be paid all his accrued salaries allowances and emoluments from 19th May 2009 when he was wrongfully and unlawfully dismissed.

The statement of claim of the Appellant as Plaintiff in the court below was supported with an affidavit, statements on oath, List of Witnesses and List of documents.