Nigerian Ports Authority V. Mr. Christopher E. Okereke (2016)

LawGlobal-Hub Lead Judgment Report

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A.

The appeal is against the Ruling of the Federal High Court, Lagos Division delivered by D.D. ABUTU Ag. Chief Judge on the 9th day of October 2009 wherein the Appellant?s preliminary objection was overruled and dismissed.

The Respondent herein had as Plaintiff in the lower Court instituted an action against the Appellant as Defendant wherein he claimed as follows against the Appellant:-
1. A Declaration that the Plaintiff?s dismissal of 20th April 2005 by the Defendant was wrongful and therefore null and void.
2. Re-instatement of the Plaintiff?s pension and all other benefits attached thereto.
SPECIAL DAMAGES
3. The Plaintiff?s terminal benefit- N4,000,000.00
4. Legal and Medical expenses – N2, 000,000.00
AGGRAVATED DAMAGES
5. Malicious Prosecution – N 5,000,000.00
6. False Imprisonment – N 5,000,000.00
7. Defamation – N 4,000,000.00
_______________
TOTAL N 20,000,000.00

?The facts as can be gleaned from the Respondent?s claim is that he was employed by the Respondent as

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a messenger in 1981 vide a letter of appointment dated 20-8-1981.

However, sometimes in April 2004 he was issued a query by the Appellant to show proof that the primary school certificate bearing the name, NDUKWE OCHU was actually his and not that of someone else. He duly replied to the query but got no further response from the Appellant till April 2005 when he was issued with a letter of dismissal dated 20-4-2005 and the reason given for the dismissal was that a Management Administrative panel set up to investigate case of certificate forgery found the Respondent guilty of fraud.

?He was not aware that such a panel was set up neither was he invited before it to state his own case. He wrote a number of letters through a solicitor requesting for reinstatement or payment of his entitlements but to no avail. Rather sometime in August 2005, he was arrested by the ports police and this continued a number of times. He was eventually charged to a Chief Magistrates Court where he was tried for forgery but was eventually discharged and acquitted of the offence charged in June 2008. Thereafter he gave a pre-action notice to the Appellant before

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instituting the action vide a writ of summons and statement of claim dated 25-7-2008. (Vide pages 1 to 7 of the Record
of Appeal).

The Appellant upon being served with the processes reacted by entering a conditional appearance and followed it with Notice of Preliminary Objection dated 25-8-08 and filed on 26-8-2008 wherein the following orders were sought:-
(1) An order striking out the suit for want of the Court?s jurisdiction to entertain same.
(2) And such further or other orders as the Honourable Court may deem fit to make in the circumstance.

The grounds for the said objection are that:-
(1) The jurisdiction of this Honourable Court is as delineated by Section 251 of the Constitution of the Federal Republic of Nigeria 1999.
(2) The claim of the Plaintiff in the Suit does not fall within any of the heads of claims in respect of which the section confers jurisdiction of the honourable Court.
(3) The claim of the Plaintiff on tort and or simple contract of employment is not cognizable under Section 251 of the Constitution.
(4) The Court in the circumstance has no jurisdiction and ought not to exercise

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jurisdiction to hear the suit.