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CaseLaw

Aji V. Chad Basin Dev. Authority (2015) CLR 3 (b) (SC)

Judgement delivered on March, 27th 2015.

Brief

  • Contract of employment.
  • Termination or dismissal of a Public servant.
  • Concurrent findings of two lower courts.
  • Onus of proof for wrongful termination.

Facts

The proceedings culminating into the present appeal were commenced before the Federal High Court, Maiduguri. The Appellant as the Plaintiff initiated the civil action against the Respondents as Defendants through a Writ of Summons and Statement of Claim filed on the 4th day of September 1996 wherein he claimed as follows:

  • a
    A declaration that the dismissal of the Plaintiff from the service of the 1st Defendant by the Letter with reference NO, CBDA/CON/26/W/504 of 3rd May, 1996 is unconstitutional, null, void and of no effect whatsoever.
  • b
    An order reinstating the Plaintiff to his working place with an Order compelling the Defendants to be promoted to the position he is entitled under the Federal Civil Service Rules.
  • c
    An order compelling the Defendants and or his (sic) agents to pay all entitlement due and accruable from the date of his dismissal to the date of his re-instatement.
  • 3
    An order compelling the Defendants and or his (sic) agents to pay all entitlement due and accruable from the date of his dismissal to the date of his re-instatement.
    • a
      General damages of ₦10,000,000.00 (Ten Million Naira).
    • b
      Costs of this Suit.”

The 1st Respondent filed a 4 paragraph Statement of Defence dated the 2nd day of December, 1996 and filed on 20th February, 1997 contending in its paragraph 4 as follows:-

  • a
    That this suit be struck out on the ground that it seeks to challenge an action taken by the Head of State under the Public Officers (Special Provisions) Act Cap, 381 Laws of the Federal Republic of Nigeria, 1990.
  • b
    The 1st Defendant shall also contend that the dismissal of the Plaintiff was valid in law as such that the suit be dismissed.”
  • "This suit be struck out on the ground that it seeks to challenge an action taken by the Head of State under the Public Officers (Special Provisions) Act Cap. 381) Laws of the Federal Republic of Nigeria, 1990. The 2nd Defendant shall contend that this suit be dismissed."

After the pleadings were exchanged by the parties, the 1st Respondent/Defendant brought a Motion on Notice dated 10th October 1996 challenging the jurisdiction of the Court to hear the matter. Arguments were taken on the motion. The trial Court delivered a well considered ruling on the 24th April 1992 and dismissed the preliminary objection.

The trial commenced on the 11th December 1997. The Appellant/Plaintiff testified for himself as PW1 and the case was adjourned to 20th January 1998 for cross-examination. The Appellant/Plaintiff was extensively cross-examined by the Respondents on 20th January 1998; he closed his case on that day.

The 1st Respondent/Defendant opened its defence on 5th February 1998 and called only one witness - Umar Muktar as DW1. The DW1 concluded his evidence-in-chief and was also cross-examined the same day. The 2nd Respondent/Defendant called no witness at the trial and after the final addresses by the parties, the trial Court on the 17th August 1998 delivered its judgment dismissing the Plaintiff's claims. The Plaintiff appealed to the Court of Appeal Jos Division or the Court below which appellate Court dismissed the appeal and in dissatisfaction the Appellant has come before this Apex Court.

Issues

Whether the Lower Court was right in affirming the judgment of the trial Court...

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