Psychiatric Hospitals Management Board V. Mrs Doris Edosa (2001)

LAWGLOBAL HUB Lead Judgment Report

WALI, J.S.C.

I dismissed this appeal and reserved my reasons for doing so today which I now proceed to give.

The plaintiff’s claim as pleaded in paragraph 35 of the Statement of Claim is as follows:-

“WHEREOF the plaintiff claims against the defendant:-

1. A declaration that the purported termination from the services of the defendant by two letters viz letter No. PH/PE. 1030/61 of 23rd December, 1987 and letter No. PHMB/15/IV/556 dated 28th March, 1988 are unconstitutional, illegal, ultra vires, null and void and of no effect.
2. An order re-installting the plaintiff to her position in the defendant’s employment with effect from the said 24th December, 1987.
3. An order that all the plaintiff’s salaries, allowances, claims entitlements and benefits due and payable be paid to the plaintiff with effect from the date of her suspension.

Dated at Benin City, this 17th day of November, 1988.

(Sgd.)

The defendant denied the claim, filed a statement of defence which was further amended and in which he joined issue with the plaintiff.

After the conclusion of filing and exchange of pleadings, the case proceeded to trial with each side adducing evidence in support of his case. The learned trial Judge, Aiwerioghene, J considered the evidence before him and concluded:-

“In the event, the plaintiff has failed to establish that the termination of her appointment with the defendant body was wrongful. As this is the basis of all arms of the claim they must fail. The plaintiff’s claim is dismissed in its entirety.”

Aggrieved by the trial court’s decision the plaintiff appealed against it to the Court of Appeal, Benin Division, and that court, after hearing the appeal delivered a considered judgment in which it unanimously allowed it and directed as follows:-

“The letter of termination of appellant’s appointment of 28th March 1988 under the hand of the Secretary to the Board is accordingly declared null and void. It is hereby further declared that the

appellant is entitled to:

“(a) re-instatement in her position with effect from 23rd December, 1987 when the Medical Director purportedly terminated her appointment.

(b) full salaries, allowances, claims, entitlements and benefits with effect from the date of her suspension on 24th September, 1987.