Yusuf Shuaibu Obosi V. Nigerian Postal Service & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the final judgment of the Federal High Court in suit No. FHC/K/CS/135/2000, delivered by Adamu Hobon J., on 15th January, 2003, wherein Appellant’s claim against the 1st Respondent for dismissal and for re-instatement was dismissed, for lack of merit.

Appellant was the plaintiff at the court below and his claims were follows-

“(1) A declaration that the purported dismissal of the plaintiff, from employment of the 1st Defendant, is illegal, unlawful and unconstitutional.

(2) An order reinstating the plaintiff to his former position as Assistant Manager Ems, Abuja Territory.

(3) An order directing the 1st Defendant to pay all arrears of salaries/emoluments accruing to the plaintiff from December 1998 till date

(4) An order directing the 1st Defendant to update plaintiff’s promotion and any other benefit/entitlement accruable to the plaintiff since December 1998

(5) The sum of N300,000.00 as general damages.

(6) The cost of filing this action”‘

(See page 8 of the Records of Appeal’)

Appellant’s Notice of Appeal, filed on 10/4/2003, as per pages 83 to 85 of the Records of Appeal, disclosed 3 grounds of appeal, as follows-

‘GROUNDS OF APPEAL-

Ground 1

The learned trial judge misdirected himself in law and in fact when he regarded the mere invitation of both Appellant and the Investigation Officer of the 1st Respondent (Mr. Akinola) by the Panel, as satisfying the constitutional requirement of fair hearing to be accorded a person accused of committing a crime.