Muhammed Mubarak Ali V. Central Bank Of Nigeria & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of the Federal High Court, Kaduna Division, delivered on the 24th February 2014 by Evelyn Anyadike J in an application for judicial review.

?The facts leading to the application before the lower Court are that the Appellant was employed by the 1st Respondent on the 23rd day of December 1981 and was sometime in 1989 transferred to its Kaduna Branch, holding as his last office, Manager (Banking). In October 1993, he was issued with a query questioning why he signed cheques above his limits involving the revenue of Kaduna State. He replied, but he was charged before the Miscellaneous Offences Tribunal for causing wrongful loss of revenue to the Kaduna State Government.

While the charges were pending before the tribunal, he was served, on 6/6/94, with a letter of dismissal from the service of the 1st Respondent. He was eventually discharged of the offences. Aggrieved, he instituted an action challenging the dismissal before the Federal High Court, Kaduna Division and requesting that he be reinstated to his former position.

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Liman J, before whom the suit was heard, declared him to have been wrongfully dismissed. He however refused the claim for reinstatement, holding the employment to have been without statutory flavour. He observed that there was no claim for damages.

The Appellant, in consequence of this judgment, requested for payment of his outstanding salaries and terminal benefits from the 1st Respondent, who refused same, on the grounds that the Judgment of the Court did not contain the claims sought. In consequence, he instituted an action for judicial review before the lower Court, seeking by his Motion on Notice dated 9/12/05 and filed on 12/12/05, the following reliefs:

a. An order of mandamus compelling the respondents particularly the 1st and 2nd respondents acting through their servants and agents i.e Deputy Governor (policy and Corporate services) to pay to the Applicant all accrued entitlement by way of gratuity and pension inclusive of unpaid salaries pursuant to the effect of the judgment of this Honourable Court in M.M Ali v Central Bank of Nigeria suit No: FHC/KD/CS/21/97 delivered on the 77n of Moy 2005 at the Federal High Court Kaduna.

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b. A declaration and an order that pursuant to the judgment of the Honourable Hon Mr Justice A.M Liman delivered in M.M Ali V Central Bank of Nigeria suit No: FHC/KD/CS/27/97 on the 17th of May 2005 at the Federal High Court Kaduna the applicant is entitled to all terminal benefits accruing from the determination of his contract of service as described above.

c. An order directing the defendants to provide and render account of the quantum of the applicants’ terminal benefits i.e pension and gratuity from the date of the purported dismissal from the employment of the 1st respondent till date.

d. An injunction restraining the 1st defendant acting through her servants and agents from distorting the quantum of the applicants entitlements and terminal benefit or doing anything to obstruct the payment to the applicant of his due rights and entitlements to gratuity and pension at the prevailing rate.

The lower Court, coram Anyadike J, refused the application on the grounds that the reliefs sought were not incidental to the Judgment of Liman J but were seeking fresh reliefs which did not flow from the judgment. In addition that an order of mandamus cannot

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