Musa Ismaila Maigana V. Industrial Training Fund & Anor (2014)

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, Yola Judicial Division in Adamawa State in SUIT NO:-FHC/YL/CS/3/2011 BETWEEN:- MUSA ISMAIL MAIGANA VS. INDUSTRIAL TRAINING FUND & 1 OTHER delivered on the 1st day of July, 2013 wherein the Plaintiff’s claim was dismissed in its entirety.

Briefly the facts of the case are that the Plaintiff who was until the 12th day of March, 2009, an employee of the Defendants had on 9/6/2009 challenged his dismissal by the 1st Respondent and claimed jointly and severally from the Respondents as follows:-

“i. A declaration that the purported dismissal of the Plaintiff is illegal, null and void.

ii. A declaration that the Plaintiff is still an employee of the Defendants and therefore entitled to all his remuneration and entitlements.

iii. An order of this honourable court reinstating the Plaintiff back to the employment of the Defendants.

iv. An injunction restraining the Defendants jointly and severally from treating the Plaintiff as a dismissed employee same being illegal, null and void.

v. The cost of this suit.”

The suit was initially commenced at Federal High Court Maiduguri Judicial Division in SUIT NO: FHC/MG/CS/10/2009. But on 9th day of June, 2010 the trial Judge in Maiduguri transferred the suit to Federal High Court, Yola Judicial Division.

Hearing commenced before the Federal High Court Yola Judicial Division, Yola on 12th day of July, 2011.

In a considered Judgment delivered by the trial Judge on 1st day of July 2013, the Plaintiff/Appellant’s claims were dismissed.

Dissatisfied with the Judgment of the trial court, the Appellant appealed to this court vide Notice of Appeal dated the 29th day of July, 2013 and filed on 2nd August, 2013.

The Notice of Appeal contained five (5) grounds of appeal but Ground 1 of the grounds of appeal was abandoned.

The learned Counsel for the Appellant formulated a sole issue for the determination of the Appeal. The issue is reproduced as follows:-