National Electric Power Authority V. John Ojo Adeyemi (2006)

LawGlobal-Hub Lead Judgment Report

UWANI BAYANG AKAAHS, J.C.A.

This appeal deals with the following four issues viz:

1. Whether the learned trial Judge was justified in declining to accord exhibit “17” (the Ad-Hoc Report) any evidential value
2. Whether the respondent was granted fair hearing before his dismissal from the appellant’s establishment.
3. Whether from the circumstances of this case, the appellant is required to prove before the court the criminal allegation made against the respondent.
4. Having held that the respondent’s employment was wrongfully terminated, is it right to award him salaries and allowances from October, 1992 to January, 2001?

Before considering the above issues which the appellant adumbrated in its brief of argument, it is necessary to give the background facts leading to the appeal.

The respondent was, until his interdiction on 6/10/87 (exhibit 1) and eventual dismissal on 18/2/88 (exhibit 3), a Senior Technical Officer (Electrical) on a salary of N5,112.00 per annum on Grade Level 9 with the National Electric Power Authority (NEPA). He was promoted to that position on 30/10/85. It was conveyed to him via letter Ref. Staff/RO/6.1/Vo1.45/2421 which was received in evidence as exhibit 15B. His letter of appointment with Ref. STAFF/MRER/RO/4.2Nol. 16/8823 dated 7th October 1977 (exhibit 11) reads:

“Adeyemi Ojo John

UPS: Manager,

Training Centre, Ijora

Dear Sir,

OFFER OF APPOINTMENT

As a result of your success at the interview held recently, I have pleasure in offering you appointment with this Authority as Elec. Mtce. Tech. Trainee in our Training Department at a commencing salary of N 1,620 p.a. in the Authority’s Grade Level 05 i.e. N 1,476 x 72= N1,908. The appointment is however subject to good references from your referees, and also the following terms and conditions:

(a) The production of correct and genuine certificates and passing a medical examination which will be arranged as soon as you report to this office.

(b) That you will undergo training for at least twenty-four (24) months and if at any time, during the training you are found to be incapable of making a good grade, your appointment will be terminated.

(c) That unless dismissed, you or the Authority may terminate your appointment by a month’s notice or by payment of a month’s salary in lieu of notice.

(d) That as long as you remain in the Authority’s service you will be liable to work in any part of the Federal Republic.