Okomu Oil Palm Limited V. Mr. O. J. Okpame (2006)

LawGlobal-Hub Lead Judgment Report

GEORGE OLADEINDE SHOREMI, J.C.A.

Briefly the facts leading to this appeal are as follows:

The Respondent was appointed by the Okomu-Udo Federal Oil Project in 1982 at that time the project was owned by Federal Government, State Government and Local Government. His appointment was originated by a letter which was tendered as Exhibit A and A1 without any objection.

By a letter dated 18/1/86 exhibit E termination letter was handed to the respondent, while he was is the police cell as a suspect in an armed robbery incident which happened at his office.

Dissatisfied with his termination, the respondent commenced an action in the then Bendel State High court sitting at Iguobazuwa claiming as follows:

(1) A declaration that the purported termination of plaintiff’s appointment with the defendant vide defendant’s letter dated 18/1/86 is unconstitutional, invalid, illegal, null and void and of no effect.

(2) A declaration that the plaintiff is entitled to the following reliefs and payment amounting to N91,562.00k with immediate effect as special damages.

(a) Arrears of salary of N650 per month from 1/12/85 – 31-12-85

(b) Salary for 11 years or 132 months at N650 per month N85,000.00k

(c) Transport Allowance at N30 per month for 11 years or 132 months N3,960.00

(d) Annual leave allowance of N96 per annum for 12 years N1,152.00

Total N91,560.00k

3(a) The plaintiff claimed also N250,000 aggravated damages for unlawful dismissal in addition to the N91,562.00k special damages claimed in paragraph 16(as above).

3(b) Particular of aggravated damages. By his unlawful dismissal eleven years before the plaintiff was due for pension under the Pensions Decree 1979 the plaintiff has lost his enhanced chance of promotion and was derived of his pre requisites and benefits of higher office in the employment of the defendant.