Shell Petroleum Development Company & Anor V. Daniel Pessu (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of the High Court of Delta State in Suit No. W/402/2000 delivered on the 11th day of November 2005. At the Warri Judicial Division of the High Court of Delta State, the Respondent herein, as Plaintiff before the lower court claimed the following reliefs against the Defendant vide paragraph 14 of the Further Amended Statement of Claim

“14. WHEREOF the plaintiff claims against the defendant as follows:-

i. A Declaration that the purported discharge and for [sic] dismissal from service of the plaintiffs by the defendants is illegal, unlawful null and void and of no legal effect whatsoever.

ii. A Declaration that the plaintiff is still in the service and still in the employment of the 1st defendant.

iii. Payment of all the plaintiff salaries and all entitlements by plaintiff [sic] from September 2000 till date,

iv. The sum of N100,000,000.00 (One Hundred Thousand Million [sic] Naira) for the unlawful, illegal and wrongful detention of the plaintiff by the defendants from 28/8/200 [sic] to 30/8/2000.” (See page 31 of the Records).

The parties filed and exchanged pleadings and the action was contested on the pleadings as filed. The Respondent testified for himself in proof of his case and did not call any other witness while one witness testified for the Appellants in defence of the action. The brief facts leading on to the action are that the Respondent was a supernumerary police officer working at the Nigeria Police (SPY) Shell Police Command Ogunu Warri.

He was posted to work on night shift at one of the 1st Respondent’s Offices on 27th August 2000. At the close of his beat that night he went home but upon returning to the office on 28th August 2000 to collect his keys which he forget, he was arrested on the allegation that there was an attempt to break into one of the offices the previous night that he was on duty.

He was eventually released on 30th August 2000 after an orderly room trial which recommended his dismissal. Peeved by the turn of events, the Respondent instituted proceedings claiming the reliefs which I have already set out.

In its judgment which is at pages 58 -77 of the Records the lower Court entered judgment in favour of the Respondent as follows:

(1) A declaration is hereby made that the purported discharge and dismissal of Plaintiff from services of the Defendants is illegal, null and void and of no legal effect whatsoever.

(2) I hereby award the sum of N85,000,000.00 (Eighty Five Million Naira only) to the Plaintiff, as damages for his unlawful, illegal and wrongful detention by the Defendants from 28/8/2000 to 30/8/2000.

The Appellant being dissatisfied with part of the judgment lodged an appeal against the same. The original notice of appeal is at pages 78-80 of the records. Pursuant to the order of this court made on 13th March 2011, the Appellants filed their Amended Notice of Appeal on 23rd March 2011. The Records of Appeal having been transmitted, the parties filed and exchanged briefs of argument which were later amended.