The appellant was an employee of the 3ul respondent, the Nasarawa State Government, and deployed to the Nasarawa State Ministry of Finance and Economic Planning when his appointment was terminated on the 21st November, 2002. As plaintiff, he initiated the action giving rise to this appeal with a writ of summons filed on the 7th April. 2003 before the Nasarawa State High Court claiming the following reliefs against the respondents as defendants;
-
1
A declaration that the 1st defendant's purported termination of appointment conveyed in the letter with reference No. NCSC/PS/158/Vol.1/139 dated 21st November, 2002 is retrospective, malafide, improper, unconstitutional, null and void.
-
2
A declaration that the plaintiff is entitled to all his personal salaries, entitlements and emoluments as a senior Accounting Assistant with all the benefits of graded promotion in the Ministry of Finance and Economic Planning, Nasarawa State from 1st May, 1999 until his appointment is duly terminated.
-
3
An order of the court directing the defendants to re¬instate the plaintiff to his supposed position.
-
4
N487, 131.76k special damages being the plaintiff's accrued salary from May, 1999 to March, 2003 at his last grade level before his purported suspension.
-
5
N150, 000.00k general damages on the footing for loss of reprefation (sic) and goodwill and accrued leave grant.
Pleadings were filed and exchanged by the respective parties and the matter proceeded to trial. The plaintiff testified in person and tendered some documents. The defence also called one witness. Counsels addressed the court and in a considered judgment delivered on the 20/5/2005 the trial court found as follows:
-
1
That the termination of the plaintiff's appointment by the defendants with retrospective effect was malafide improper, unconstitutional, null and void.
-
2
An order to the defendants to pay the plaintiff the sum of N 112.179.69k being the balance of his arrears of outstanding salaries and allowances having already paid the plaintiff the sum of N374.952.07k.
-
3
An award of N50.000.00 as general damages.
-
4
Prayer for reinstatement refused and dismissed.
The appellant being dissatisfied with the above finding appealed to this court.