Nongu V. Local Government Service Commission & Anor (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the leading Judgment)

This is an appeal against the decision of the Benue State High Court sitting of Makurdi, delivered by D.T. Ahura, J. in suit No MHC/44/91 on the 2nd day of June, 2000.

The appellant, who was the plaintiff of the Lower Court had sued the respondents claiming the following reliefs:

(a) “A declaration that the purported dismissal and termination of plaintiff’s appointment by letters ref No GWE/S/PEP/284/Vol. 1/134 of 12th November, 1990, and GWE/S/PER/254/Vol. 1/143 of 27th February, 1991, are illegal, unconstitutional, null and void, and of no effect whatsoever.

(b) A declaration that plaintiff is still in the employment of the 1st defendant.

(c) An order directing the 1st defendant to reinstate plaintiff to his status as a public servant and rank as an assistant organizing secretary (Sports) with the 1st defendant, without prejudice to all such entitlements and promotions that should have accrued to the plaintiff during the period of the purported termination.

(d) An order directing the 1st defendant to pay all the plaintiff’s entitlements as should have accrued during the period of the purported termination.” (See P. 26-27 of the record.

By letter ref. GLG/S/EST/37/Vol.1/91 dated 27:2:86 (Exhibit 1), the appellant was offered a Permanent and pensionable appointment as an assistant sports secretary, on G.L. 03/1, by the Gwer Local Government of Benue State. The appointment was to be governed by the General Orders/ Civil Service Rules and other Government Regulations pertaining to pensionable staff.

Upon his appointment, appellant was sent by his employers to a course of the National Institute for Sports, Lagos, where he obtained a Certificate in sports management and administration, based on which he was elevated to G.L. 07/1.

On the 20th day of October, 1988, the 1st respondent terminated appellant’s appointment on the ground that he had obtained the appointment with a forged WASC result. The appellant denied the allegation of forgery and requested a withdrawal of the letter of termination.

By Exhibit 12 -police report, the appellant was exonerated of the act although the police did not make reference to the respondents nor call for the appellant’s file in the course of their investigation. After waiting for almost a year without being reinstated by the 1st respondent, appellant applied afresh to the Makurdi Local Government for the post of assistant sports organizing secretary. On the 18:8:89, the 1st respondent offered appellant a permanent and Pensionable appointment as assistant sports organizing secretary on GL 07/1. The appointment letter is Exhibit 6. On the 12/11/90 vide Exhibit 7, 1st respondent unceremoniously dismissed appellant from its service, which dismissal was by Exhibit 8, commuted to termination.

Appellant’s challenge of the terminations was predicated on the ground that the same having been made in violation of his fundamental right to fair hearing, they were illegal, unconstitutional, null and void and of no effect. Accordingly, appellant sought a reinstatement to his Position as public officer and his rank as an assistant sports organizing secretary.

Pleadings were filed and exchanged where upon the case went to trial. Appellant testified for himself and called one witness, while the respondents called two witnesses in proof of their case. At the close of evidence, the trial court ordered the filing of written addresses by counsel to the parties. In his judgment the learned trial Judge held that based on the pleadings and evidence before the court the plaintiff was not given fair hearing before his termination. He went further to hold that:

“On the whole I find and hold that the plaintiff has proved his case and is entitled to relief. I hereby declare that the termination of the appointments of the plaintiff was illegal and unconstitutional.”