National Electric Power Authority V. Friday Edokpayi Eboigbe (2008)

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CHIOMA EGONDU NWOSU-IHEME (Ph.D), J.C.A.

This is an appeal against the Judgment of Justice S.W. Egbo-Egbo sitting at the Federal High Court Benin, delivered on the 17/6/99.

In Summary, the Respondent was a staff of the Appellant in this Appeal. Sometime in 1996, the Appellant through its letter dated 20th day of September, 1996 with reference number: 0024/0046/Vol.1/96 Compulsorily relieved the Respondent of his duties by retiring him. The Respondent, aggrieved at his retirement, filed a writ of Summons and Statement of Claim challenging his said retirement. In the writ of summons and statement of claim dated the 22nd of October 1998, which was later amended and dated 28/1/99, the Respondent asked for the following reliefs:

“1. A declaration that the retirement letter dated 20th day of September, 1996 with reference number 024/0046/vol.1/96 titled “Retirement from Service, “and addressed to one F.E. OSBOIGBE Officer IV ACCTS “, which letter was given to the Plaintiff does not in any way refer to the Plaintiff purporting to terminate his appointment with the Defendant does not in any way refer to the Plaintiff whose names are F. E. EBOIGBE OFFICER III ACCOUNTS and consequently null and void.”

2. A declaration that in accordance with the condition of service regulating the relationship between the Plaintiff and the Defendant the Plaintiff is not due for retirement until he attains the age of at least 55 years before he can be liable to be called upon by the Authority on 3 months notice to retire. Consequently, the Plaintiff having not attained the age of 55 years the Defendant cannot call on the Plaintiff to retire from its services.
3. An order of mandamus directing the defendant to reinstate the Plaintiff to his post from the date of the purported Retirement.

OR IN THE ALTERNATIVE

An order of Mandamus compelling and/or directing the Defendant to pay to the Plaintiff his earnings for 19 years with effect from October 1996 when he was purportedly retired until 2015 when he would attain the age of 55 years.

The total earnings of the Plaintiff for the 19 years will amount to N1,616,402.00 at N7,089.65 per month for 19 years. (See pages 40 – 43 of the Records of Appeal). ”

On his own part, the Appellant filed its own statement of defence. The Appellant’s statement of defence was amended several times and was eventually dated 22/2/98. The Appellant denied all the claims and reliefs as Contained in the Respondent’s statement of claim. After the hearing, Judgment was delivered on the 17th of June, 1999, and the trial Judge handed down the following orders:

(1) THAT the retirement letter dated 20th day of September, 1996 with reference No. O24/0046/vol.1/96 titled “Retirement from Service and addressed to one F. E. OSBOIGBE OFFICER IV “Accts”, which letter was given to the Plaintiff purporting to terminate his appointment with the Defendant does not in any way refer to the Plaintiff whose names are F.E. EBOIGBE OFFICER III Accounts are hereby adjudged null and void.

(2) THAT in accordance with the condition of service regulating the relationship between the plaintiff is not due for retirement until the attains the age of at least 45 years before he can be liable to be called upon by the authority on 3 months notice to retire, consequently the plaintiff having not attained the age of 45, the Defendant cannot call on the plaintiff to retire from its service.

(3) The Defendant is HEREBY ordered to serve the Plaintiff with the Corrected letter of retirement as contained in page 212.

(4) Defendant is also ordered to pay the plaintiff forthwith the sum of N1,616,402.00 (one million, six hundred and sixteen thousand, four hundred and two naira) as claimed as well as to set in motion the machinery to pay plaintiff all his retirement benefits.

(5) Cost of this action is assessed at N3,000.00 (three thousand naira) in favour of the plaintiff (see pages 92-115 of the record of Appeal).

Dissatisfied with the Judgment, the Appellant filed a notice of Appeal dated the 28th of June 1999, which was subsequently withdrawn and another filed and dated the 22nd day of September 1999. The Grounds of Appeal without their particulars are as follows: