National Veterinary Research Institute & Anor V. Mrs Omolara R. Umar (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CLARA BATA OGUNBIYI, J.C.A.(Delivering the Leading Judgment)

This is an appeal from the ruling of the Federal High Court sitting in Jos delivered on the 23rd of May, 2011 by Hon. Justice B.B. Aliyu see pages 70-79 of the record of appeal.

The Respondent as the Plaintiff of the lower Court had taken out a writ of summons against the Appellants as Defendants wherein she sought the following reliefs:

(a) A declaration that the purported dismissal of the Respondent/Plaintiff from her employment with the 1st Appellant/Defendant is null, void, utravires and of the Public Services Rules 2006 and the condition of service governing her employment and the Appellants.

(b) A declaration that the unilateral stoppage of the Respondents/Plaintiff’s salaries and other emolument is wrong, utravires, unlawful and oppressive.

(c) A declaration that the purported dismissal of the Respondent/Plaintiff from the services of the 1st Defendants without affording her the opportunity of being heard is a fragrant breach of her fundamental right to fair hearing as enshrined in the constitution of the Federal Republic of Nigeria 1999 and to that extent null, void and of no effect whatsoever.

(d) An order directing the Defendants to reinstate and restore the Plaintiff to her appointment with all the attendant salaries, emolument, privileges and rights accruing thereto.

(e) The sum of N500, 000.00 being damages for Unlawful Dismissal.

(f) The cost of action.

See pages 3-8 of records of Appeal-

The Appellants through their counsel filed a notice of preliminary objection challenging the jurisdiction of the trial Court to hear and determine the suit on the following grounds:

i. That the suit is statute barred, not having been filed within three (3) months when the cause of action arose as provided by Section 2(a) of the Public Officers Protection Act 2004.

ii. That the letter of dismissal which is the basis of the cause of action was written on the 2nd of September, 2009.

iii. That the suit be struck out for want of jurisdiction. See pages 43-59 of the records of Appeal.