CaseLaw
Arobieke V. National Electricity Liability Magt. Co. (2017) CLR 12(a) (SC)
Judgement delivered on December 15th, 2017
Brief
Facts
The appellant was an employee of the respondent. At all times material, he was deployed to the Calabar District Office and held the office of Assistant Manager (O & M). His schedule of duties included the supervision of Head of Fitters, Head of Cable, Head of 33KV Line Maintenance, Head of 11KV Line Maintenance, Trainee (IT) Officer 1 (O & M) and he reported to the Manager (Distribution).
On or about 26th June, 1996, the appellant was allegedly in a case of co-ordination and supervision of unauthorized extensive electrical maintenance works at the Calabar Wood Company Limited in conspiracy with one Mr. O. J. Oyira and using other workers of the Respondent for private monetary benefit from the said company. In engaging in his unauthorized venture (business) the appellant perpetuated his unlawful act using the servants of the respondent (under his official control), the official time of the respondent and the respondent's filtration plant.
When these alleged activities came to the knowledge of management of the respondent, which was a clear violation and abuse of office by the appellant, the management conducted initial investigation which was followed by a query to the appellant dated 25th June 1996 - REF.3114.5 NOL.XI/96/3236. Queries were also issued to others found involved in the unauthorized works.
The appellant was also placed on interdiction. The query served on the appellant carried the offences and breaches levelled against him, properly formulated, which duly informed him of the penalty, which was dismissal as a possible result for which he was required to respond within 48 hours. He signed for same on 27th June, 1996.
The responses received from other workers similarly queried for the illegal and unauthorized maintenance works, were attached to the appellants query and served on him, (These were responses from Messrs Oyira J. Oyira and E. Akioyemen who colluded with appellant in the works). (See Exhibits KGA 3 & KGA 4 at Pages 26 - 27 of record attached to appellants affidavit).
Appellant responded to the queries:
Against this background, and being dissatisfied with the appellants response and that of the other accomplices/partners in the unauthorized works which was considered a grave breach of the authority’s regulation and abuse of office for private benefit, the respondent set up an AD-HOC DISCIPLINARY COMMITTEE to determine the magnitude and culpability of these officers MR. A.I.C. EZE, Manager (D); Oyira J. Oyira Officer III (Fitter); A. A. Arobieke - Assistant Manager (O & M); M. E. Akioyemen Officer; (O & M) in particular and others in Calabar District and amongst other things apportion blame and also recommend appropriate disciplinary actions.
By a letter dated 10th July, 1996, the Chairman of the AD-HOC DISCIPLINARY COMMITTEE, Engineer J.I. Ahamioje invited the appellant to appear before the committee still on the issue of "Alleged case of Unauthorized Maintenance Work at Calabar Wood Company Limited. Noteworthy is the fact that the query earlier served on the appellant also charged him of Coordinating and Supervising the Unauthorized Extensive Electrical Maintenance hob at the Calabar Wood Company."
The Ad-Hoc Disciplinary Committee duly discharged their assignment, the appellant duly appeared before the Committee and answered questions touching and relating to the Unauthorized maintenance Works aforesaid. Witnesses including officers who the appellant used to execute the works, who were by his schedule of works directly under his control, testified before the Committee in the presence of the appellant. The Committee promptly called one witness Mr. B. O. Ukeh, which the appellant mentioned for purposes of supporting his evidence in defence, that Mr. Oyira J. Oyira was not on duty between 12 and 24 September 1995, and he testified before the appellant and contradicted appellant's testimony.
The Ad-Hoc Disciplinary Committee, took evidence on the issue of the unauthorized works and unlawful use of the authority’s workers and equipment for the private work by bringing all the sectional heads working under the appellant, and other co-accused persons, Mr. Oyira J, Oyira and Mr. Akioyemen to testify before each other and in the presence of each other and the appellant was afforded opportunity to put questions to them which he did.
It was during this session, when all the witnesses (the Head of Sections) who worked directly under the appellant confirmed the committee before the appellant that he coordinated the unauthorized Works; although he continued to deny that they were satisfied that the accusation against the appellant was made out.
The Committee in covering all the areas of their wider terms of reference, in the course of investigation, reached out to other persons and also interviewed others not in the presence of the appellant, that did not diminish the fact that on the primary issue of coordination of the unauthorized Works at Calabar Wood Limited fair hearing was completely complied with as the real witnesses (who carried out the physical works) testified unanimously and without any contradiction as to who sent them for such private works. These were workers placed under supervision of the appellant.
The Committee in their recommendation observed as follows:
Issues
Whether on a fair, balanced and proper evaluation of the evidence before the...