William O. Olagunju & Anor V. Power Holding Co. Of Nig. Plc (2011)

LAWGLOBAL HUB Lead Judgment Report

WALTER SAMUEL NKANU ONNOGHEN, J.S.C.

This is an appeal against the judgment of the Court of Appeal Holden at Ibadan in appeal CA/1/191/2001 delivered on the 21st day of July, 2003 in which the court allowed the appeal of the defendant/respondent, against the judgment of the High Court Holden at Ibadan in Suit No. FHC/IB/CS/89/99 delivered on the 1st day of November, 2000 granting all the reliefs of the plaintiffs/appellants.

By a writ of summons dated 9th September, 1999, the appellants as plaintiffs claimed against the respondent, then defendant the following reliefs:-

”(1) A declaration that the purported dismissal of the plaintiffs by the defendant from the service of the defendant with effect from 14th March, 1997 while serving under Molete District of National Electric Power Authority, Ibadan is irregular and or in bad faith and or in breach of natural justice and therefore null and void.

(2) An order directing the defendant to reinstate the plaintiffs back (sic) to the irrespective posts and duties forthwith.

(3) An order directing the defendant to pay to the plaintiffs all their outstanding salaries and allowances with effect from 14th March, 1997”.

Pleadings were exchanged between the parties. In paragraph 12 of the Amended Statement of Defence the defendant/respondent pleaded as follows:-

“12. The defendant will contend at the trial of this action that the action of the plaintiffs is statute barred.

INHEREOF the defendant says that the plaintiffs’ claim is vexations, trivial and a gross abuse of the process of court and should be dismissed”.

The case of the plaintiffs, as can be gleaned from the record, is that they were former employees of the defendant in its Molete District Store at Jericho, Ibadan and worked under Mr. Adebola Adenuga, who was the District Store Officer.

It is the case of the 1st plaintiff that on 1st January, 1997, a public holiday, he, in the company and on instruction of the said Mr. Adebola Adenuga went to Eleyele NEPA Stores to collect goods/materials intended for the Jericho Stores, but without written authority. The goods/materials were later loaded in a vehicle but the security men on duty refused to allow the 1st plaintiff and one Titilayo Asawale to leave the stores with the goods. Later on, the General Manager of the defendant ordered that the goods be returned to Eleyele stores while the 1st plaintiff was queried, arrested and charged to court for conspiracy and stealing.

On the other hand, the 2nd plaintiff who was a manual worker/labourer also in the employ of the defendant testified that on the 20th January, 1996 he accompanied Mr. Adebola Adenuga, his superior officer, to the defendant’s store at Eleyele to load a vehicle with electrical materials for delivery at Jericho stores. The vehicle for the job was driven by a driver who was not a staff of the defendant; that Mr. Adenuga was later arrested by the police but he jumped bail on his release; that he was not arrested but was queried and he appeared before a panel.

The plaintiffs were dismissed by a letter of 13th March, 1997 issued during the pendency of the trial of the 1st plaintiff in the Magistrate Court, Ibadan. The plaintiffs filed the action sometime in September, 1999. At the trial the defendant did not testify but rested its case on that of the plaintiffs.

As stated earlier in this judgment, at the conclusion of the trial the learned trial judge entered judgment in favour of the plaintiffs/appellants resulting in an appeal which was decided against the present appellants hence the instant further appeal.