National Population Commission V. MR. O. O. Williams (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A.(Delivering the Leading Judgment)

This is an appeal against the Ruling of AJAKAIYE. J. of the Federal High Court, Lagos delivered on 14th July, 2009.

By a statement of claim dated 9/6/98 which was further amended filed on 10/04/2002 pursuant to an order of the Court dated 27th March 2002, the Respondent commenced an action against the following reliefs:

i. Declaration that the purported termination of appointment by the plaintiff by the defendant is wrongful, null and void and of no effect whatsoever.

ii. An order reinstating the plaintiff into the service of the defendant together with all rights and appurtenances attaching to his office without any diminution as if the events being the subject matter of this suit never occurred.

iii. An order that the defendant do compute and, pay to the plaintiff all his outstanding salaries, allowances and other remuneration and entitlements from April 1996 until judgment and his reinstatement.?

Alternatively, he claimed:

i. A declaration that the purported termination of appointment of the plaintiff by the defendant is wrongful, unlawful,

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null and void and of no effect whatsoever.

ii. Declaration that the plaintiff is entitled to recover from the defendant the sum representing his salaries and. allowances from the time of purported termination of his appointment in April 1996 and calculated to terminate at the time he should normally retire from the service upon attainment of the mandatory retirement age of 60yrs.

iii. A declaration that the plaintiff is entitled, to payment of pension and gratuity at the rate that should have been applicable had the plaintiff retired normally from service from upon attainment of the mandatory age of retirement.

iv. An order that the defendant do compute and pay to the plaintiff all the outstanding salaries, allowances remunerations and entitlement from April 1996- December 2001 as outlined in paragraph 24 above in aggregate sum of Nl,420,308.60 (One Million, Four Hundred’ and Twenty Thousand, Three Hundred and Eighty Naira, Sixty Kobo).

v. An order that the defendant do pay the aggregate sum of N3,578,903.40 (Three Million Five Hundred and seventy Eight thousand Nine Hundred, and Three Naira, Forty Kobo) being the plaintiffs salaries and,