In the Makurdi High Court of Justice, Benue State, the appellant as plaintiff commenced an action claiming jointly and severally from the respondents as defendants the following:
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a
A declaration that the purported termination of appointment of the plaintiff's employment with the 1st defendant by 2nd defendant in defiance of the express provisions contained in the condition of Employment (Management (Staff) of 1st defendant applicable to plaintiff is illegal, irregular, null and void and of no effect whatsoever;
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b
A declaration that the 2nd defendant is incompetent to issue and sign the letter purporting to terminate plaintiff's appointment with 1st defendant and that consequently the said letter is illegal, invalid, ultra vires 2nd defendant, null and void and of no effect whatsoever;
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c
A declaration that the plaintiff is still in the services of the 1st defendant as Senior Sales Representative aforesaid.
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d
An Order of reinstatement of the plaintiff to his position in 1st defendant as Senior Sales Representative aforesaid with all the benefits and privileges attaching thereto;
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e
An injunction restraining the defendants, their servants, or agents successors and assigns, officers and supervisors or whosoever from employing or promoting any person to fill up the position of the plaintiff pending the determination of the substantive suit;
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f
A declaration that the purported termination of appointment of plaintiff with the 1st defendant is unconstitutional insofar as it violates his fundamental right to fair hearing runs foul of the rules of natural justice and is therefore null and void and of no effect whatsoever; and
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g
Damages for the wrongful, illegal, capricious and unconstitutional act aforesaid.
Pleading were filed and exchanged in accordance with the rules of court. The defendants filed a joint statement of defence. With leave of court both parties amended their pleadings. The amended statement of claim and the joint amended statement of defence of the parties are on record.
On 12th December, 1988, the case proceeded to trial before A.P.B. Utsaha, J. The plaintiff on his behalf .He called no witnesses .The defendant testified through John Hemon, a Senior Despatch Supervisor with the 1st respondent as D.W.1. while Orguga Gbaikyoh a clerk with the B.C.C. Gboko testified as D.W.2. Both parties closed their cases and addressed the court. The learned trial Judge after reviewing the evidence and submissions of counsel to the parties in his judgment delivered on 4th February, 1993 dismissed the entire claim of the plaintiff with N200.00 cost in favour of the defendants.
An appeal was lodged.
