Nigeria Postal Service V. Alfred Ezekiel Idioho (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH TINE TUR, J.C.A. (Delivering the Lead Ruling)

The applicant’s contention is that the respondent was not her employee; the respondent contended otherwise and filed an action in the Federal High Court, Calabar, Cross River State on 1st day of March, 2007 claiming the following reliefs in paragraph 19 of the Statement of Claim:

“19. The plaintiff has been damaged by defendant’s wrongful acts.

Wherefore the plaintiff claims from the defendants jointly and severally as follows:

(1) A declaration that the stoppage of the payment in June, 1987 of plaintiff’s salaries by the defendants without any justifiable reason or formal termination of plaintiff’s appointment is wrongful, null and void and of no effect whatsoever.

(2) A declaration that the plaintiff is still a staff in the employment of the defendants and entitled to his salaries and other entitlements as his employment has a statutory flavour.

(3) AN ORDER for the plaintiff to resume work with the 2nd defendant and for payment of plaintiff’s salaries in line with the salary increments of plaintiff’s colleagues and the arrears of salary paid to him with effect from when it was stopped.

ALTERNATIVELY:

(4) An order for the retirement of the plaintiff and his salaries and other entitlements paid up to the year 2014 when plaintiff was due for retirement.

(5) N1 million general damages. ”

The applicant filed a Joint Statement of Defence denying liability praying that the claim should be dismissed. Hearing proceeded. A.F.A. Ademola, FJ., delivered judgment in favour of the respondent on 19th day of January, 2012 holding at page 174 of the printed record as follows:

“From the foregoing paragraphs of this judgment the plaintiff’s case succeeds in its entirely jointly and severally against the defendants with the following reliefs granted by this Court:

(1) A declaration that the stoppage of the payment in June, 1987 of plaintiff’s salaries by the defendants without any justifiable reason or formal termination of plaintiff’s appointment is wrongful, null and void and of no effect whatsoever.

(2) A declaration that the plaintiff to still a staff in the employment of the defendants and entitled to his salaries and other entitlements as his employment has a statutory flavour.