Shell Petroleum Dev. Co. Ltd V Chief Victor Sunday Olarewaju (2008)

LAWGLOBAL HUB Lead Judgment Report

F. TABAI, JSC

There are, before us, an appeal and a cross-appeal from the decision of the Benin Division of the Court of Appeal dated the 21st of January 2002. The action itself was commenced at the Warri Judicial Division of the High Court of Delta State on the 11th of December 1998 when the writ of summons was issued. Pleadings were settled. The Plaintiff who is the Respondent/Cross-Appellant herein claimed against the Defendant which is the Appellant/Cross-Respondent the reliefs set out in paragraph 42 of the Amended Statement of Claim as follows:

“42 WHEREOF the Plaintiff claims against the Defendant

(i) A DECLARATION THAT THE summary dismissal of the Plaintiff by the Defendant as contained on the Defendant’s letter of 24th April 1998 is unlawful, illegal unconstitutional null and void and of no effect whatsoever.

(ii) A DECLARATION that the purported dismissal of the Plaintiff from the services of the Defendant for concocted reasons having criminal traits and ingredients, without affording the Plaintiff any hearing at all before a court of competent jurisdiction is illegal, null and void and of no effect.

(iii) A DECLARATION that the purported dismissal of the Plaintiff from the service s of the Defendant as borne out by the Defendant’s letter of 24th April 1998 without notifying the Honourable Minister of Petroleum Resource’s and or without the consent of the said Minister in breach of and contrary to the Minister of Petroleum Resource’s Circular No. P1:5061/B/V.2/181 dated 6th February 1997 and therefore null and void and of no effect whatsoever.

(iv) AN ORDER setting aside the purported dismissal of the Plaintiff from the services of the Defendant as conveyed by the Defendant’s letter of 20th April 1998 and (an order re-instating the Plaintiff to his employment and post or rank with the Defendant.

(v) AN ORDER commanding the Defendant to pay the salaries, allowances, bonuses, and entitlements of the Plaintiff from 24th April 1998 up to the date of judgment or until the Defendant finally re-instates the Plaintiff into its services.

(vi) AN ORDER commanding the Defendant to permit or allow the Plaintiff to collect all his personal belongings left in his office without any let or hindrance or alternatively, AN ORDER commanding the Defendant to pay for the values of the said personal belongings.

(vii) AN ORDER OF PERPETUAL INJUNCTION, restraining the Defendant, either by itself, directors, managers, officers, agents, privies or servants or through any person or persons whatsoever from giving effect to the letter of dismissal dated 24th April 1998 or from treating or further treating the Plaintiff as a dismissed staff of the Defendant or disturbing him in any way whatsoever from carrying out his duties as an officer or staff or employee of the Defendant.

(viii) A sum of N20 million being damages for the unlawful arrest, detention and humiliation of the Plaintiff at the instance, instigation and/or prompting of the Defendant.

(ix) IN THE ALTERNATIVE to (iv) (v) and (vii) supra AN ORDER commanding the Defendant to pay the Plaintiff:

(a) A SUM of Nl,500,000.00 representing the three months salary due to the Plaintiff from the Defendant upon the determination of the Plaintiffs appointment by the Defendant.

(b) A SUM of N48,000.000.00 being the gratuity due to the Plaintiff from the Defendant as at 24th April 1998.