Osuu S.C. Oduko V. Government Of Ebonyi State Of Nigeria (2009)

LAWGLOBAL HUB Lead Judgment Report

P.O. ADEREMI, JSC

This is an appeal against the order of the Court of Appeal, Enugu Division (hereinafter referred to as the court below) for a re-trial of the suit at the High Court, Ebonyi State before another judge. The judgment of the court below was delivered on the 15th of May 2003 sequel to an appeal against the ruling of the High Court of Justice in Abakaliki, Ebonyi State delivered on the 6th of June 2002 dismissing the suit of the plaintiff/appellant based on a preliminary objection taken against the jurisdiction of the trial court. Needless for me to say that by the ruling of 6th .June 2002, the preliminary objection was sustained.

Briefly, the facts of the case are thus: the appellant, who was the plaintiff before the trial court had claimed against the respondents, who were the defendants before that court, the following reliefs: –

“(1) A declaration that the third defendant’s letter with Reference No. EBS/CSC/S.009/1/22 dated 5th May 1999 but delivered to the plaintiff on the 2nd of June 2000, purporting to retire the plaintiff with effect from 1st May, 1999 is ultra vires the second defendant and on the third defendant and therefore is invalid, null, void and of no effect whatsoever.

(2) A declaration that the plaintiff was and is still a Permanent Secretary in the Civil Service of Ebonyi State Government of Nigeria and is entitled to all his emoluments including salaries, wages, overtime, leave allowances, commissions, fees, gratuity, benefits, advantages (whether or not that advantage is capable of being turned into money or money’s worth) allowances, pensions, loans or annuity paid; given or granted in respect of his office as a Permanent Secretary.

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(3) An order reinstating the plaintiff as a Permanent Secretary in the Ebonyi State Civil Service.

(4) A declaration that the plaintiff is the occupier of and is entitled to the possession and occupation of four (4 No.) BEDROOM EXECUTIVE BUNGALOW WITH APPURTENANCES SITUATE AT NO. 8 ILEZZA ROAD G.R.A. ABAKALIKI, EBONYI STATE pursuant to the Ebonyi State Government letters (a) No. SGE/ETB/69/36 dated 4th February, 1999 otherwise known as ESTABLISHMENT CIRUCULAR NO. 2/1999 and (b) NO. SGE.ETB/ 0017/185 dated 4th July, 1999.

(5) An order of injunction restraining the defendants or any of them by themselves, their servants, agents, associates, privies and/or cohorts from further disturbing the plaintiff’s quiet possession and occupation of the FOUR (NO.4) BEDROOM EXECUTIVE BUNGALOW WITH APPURTENANCES SITUATE AT NO. 8 ILEZZA ROAD GRA, ABAKALIKI, EBONYI STATE or otherwise ejecting or taking any further steps to eject the plaintiff from his said residential quarters of FOUR (4 NO.) BEDROOM EXECUTIVE BUNGALOW WITH APPURTENANCES SITUATE AT NO. 8 ILEZZA ROAD GRA, ABAKALIKI, EBONYI STATE.

(6) An order that the defendants do pay or cause to be paid to the plaintiff:-

(i) The sum of N504,000.00k (five hundred and four thousand naira) being the plaintiffs personal emoluments from the 1st day of May 1999 to the 30th day of April 2000 and continuing.

(ii) The sum of Nl60,000.00k (one hundred and sixty thousand naira) being the plaintiffs out of pocket expenses in respect of maintenance and running costs of his official Peugeot Saloon Car with Registration or Index Number EBO4A09 by the plaintiff prior to the purported retirement to wit 1st of May 1999.

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(iii) The sum of N95,040.00k (ninety-five thousand and forty naira only) being the equivalent of £576.00 (five hundred and seventy-six pounds sterling) converting at N165:00 to £1 (one pound) being the cost of medical out-of-pocket expenses incurred by the plaintiff while on official duty in London in May 1999.