Mr. Patrick Nwanze v. Nigerian Railway Corporation (2022)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

HELEN MORONKEJI OGUNWUMIJU, JSC (Delivering the leading judgment)

This is an appeal against the decision of the Court of Appeal, Jos Division delivered on 10th May, 2007. The appellant was the plaintiff at the trial High Court of Bauchi State. At the trial, the appellant’s reliefs were upheld and the court declared that the fundamental right of the appellant to fair hearing was breached and granted the other ancillary reliefs against the respondent who was the defendant therein.

The defendant appealed against the High Court judgment and the Court of Appeal reversed the decision of the trial court. The appellant with leave of court appealed to the Supreme Court by notice of appeal dated 10th July, 2007.

The facts that led to this appeal are as follows:

Following the respondent’s Administrative decision to retire the appellant from its employment, the appellant filed an action for the enforcement of his Fundamental Human Rights.

At the trial court, the respondent had contended that the High Court of Bauchi State lacked the jurisdiction to entertain the suit. Part of the respondent’s objection to the competence of the High Court to entertain the appellant’s suit was that the Fundamental Human Rights procedure does not support a challenge or an action predicated on a master/servant or contractual relationship.

Having taken arguments from the parties, the High Court came to the conclusion that the appellant’s suit was competent, and that the suit was properly initiated. The High Court proceeded to find that the dismissal of the appellant was unlawful and proceeded to make an order for the reinstatement of the appellant.

Dissatisfied with the judgment of the learned trial court, the respondent appealed to the Court of Appeal, on five grounds of appeal.

The court below in a unanimous decision found that the High Court lacked the jurisdiction to entertain the said suit, the respondent being a Federal Government Agency, and that the Fundamental Human Rights Procedure Rules do not avail an action based on a contractual relationship. It is against the judgment setting aside the decision of the trial court, and allowing the appeal lodged by the respondent that the appellant has filed this appeal.

After reading the briefs of counsel, I am of the view that the sole issue for determination is:

Whether the learned Justices of the Court of Appeal were right to hold that the trial court lacked jurisdiction to entertain the suit.

The appellant herein had commenced an action claiming that his right of fair hearing had been grievously violated as a result of the termination of his employment by the respondent. There is need to highlight the claims of the appellant at trial.

The appellant’s claims before the trial court are as follows:

1. An order enforcing the Fundamental Human Right of the applicant as to fair hearing under the 1990 (sic) Constitution of the Federal Republic of Nigeria (as amended), the African Charter on Human Rights, and 1999 Nigerian Constitution.
2. An order setting aside as null and void the defendant’s letter reference No C./3297/5/1452 dated 30th August, 1994 purportedly terminating the plaintiff’s employment as same was done in breach of the plaintiff’s Fundamental Human Right to fair hearing under section 33 of the Constitution of the Federal Republic of Nigeria 1979 (as amended) and the African Charter on Human Rights and 1999 Nigerian Constitution.
3. An order reinstating the plaintiff to his former employment with the defendant without prejudice to all arrears of salaries, allowances and promotion that might have accrued to him since then.

The facts which the appellant relied upon for his claim are first, that a petition was written on 20th July, 1993 to the Managing Director of the respondent by the Bauchi State District Manager which recommended his forceful retirement from the corporation (exhibit B).