Sunday Emeje V. National Institute For Pharmaceutical Research And Development (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MARY U. PETER-ODILI, J.C.A. (Delivering the Leading Judgment)

The Plaintiff now Appellant took out the Writ of Summons in this Suit on the 4th of November, 2002 and with it filed a Statement of Claim in which he made the following claims against the Defendant now Respondent viz:-

1. A declaration that his suspension from work without due process is unlawful and therefore null and void.
2. An order directing the Defendant to reinstate the Plaintiff to his office, restore his salaries and other benefits, allowances and entitlements without loss of seniority or any privilege whatever.
3. A perpetual injunction restraining the Defendant either by itself, servants, agents or privies howsoever described from harassing or terminating the Plaintiff’s employment without due process.

FACTS: –

The Statement of Claim was amended by the order of Court on the 17th day of September, 2003. The Plaintiff testified and called one witness. In his testimony the Plaintiff said he joined the services of the defendant on the 1st of June 1989 and was eventually confirmed as Maintenance Officer and was later promoted via Exhibit P3 to HATISS 09 Level 09 Step 2 on the 13th July 1999. He was in the good books of the Defendant before the current Director-General of the Defendant Dr. Inyang took over the management of the Institute in August 2001. Between September, 2001 and April, 2002, the said Director-General had caused the Plaintiff:-

1) To be queried on 26/9/2001.

2) To be reprimanded 18/10/2001.

3) Removed as maintenance officer on 18/10/2001.

4) To pay the sum of N170,000.00 to the Defendant on 27/11/2001.

5) To be issued another fetter to pay the sum of N317,000,00 to Defendant through N15,000.00 monthly deductions from his salary.

6) To be singled out of 171 employees who had not returned certain advances made to them and asked to refund the sum of N1,273,679.00 to the defendant when other staff had far heavier sums to return. This was via a letter dated 5th April 2002.

7) To be suspended from work on the 14th May, 2002 and denied his entire salary from then till date.

Plaintiff said all these punishments were meted out to him without due process. His witness PW2 testified that P11 which in the minutes of the meeting of the defendant’s Board of directors of 9th May 2002 were not the minutes he recorded as the Secretary of that Board meeting on that day. He said this because the minutes which is purportedly the decision of the Board to suspend himself, the Plaintiff, James Bako and Mr. R.G. Jigah. Rather he identified Exhibit 12 as the minutes prepared by him, which does not contain the said paragraph and which Exhibit 12 is what he submitted to the Director General. That Exhibit 11 was not signed by PW2 as Secretary who signed Exhibit 12.

Although the Defendant filed a Statement of Defence later amended it did not call any witness but rested and relied on the Plaintiff’s case.

Written addresses were ordered and provided and in a considered judgment the learned trial judge, Honourable Justice S.J. Adah dismissed the Plaintiff’s case. Plaintiff being dissatisfied has appealed to this Court.