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CaseLaw

Ekunola V. CBN (2013) CLR 4(m) (SC)

Judgement delivered on April 19th 2013

Brief

  • Grounds of appeal
  • Single ground
  • Ground of mixed law and fact
  • Issues for determination
  • Court raising issue suo motu
  • Master/servant relationship
  • Preliminary objection
  • Dismissed employee entitlements
  • Section 137 of the Evidence Act
  • Section 136 of the Evidence Act
  • Section 36(1) of the 1999 Constitution
  • Section 233(3) of the 1999 Constitution as amended
  • Order 12 Rule 3 - Federal High court Civil Procedure Rules 2000
  • Order 10 Rule 1(1) of the Supreme Court Rules
  • Order 6 Rule 2(1) of the Supreme Court

Facts

The plaintiff (appellant) has been employed by the 1st defendant/respondent in 1965 as a Technician and has risen to become Assistant Director, Building Engineering Services Department by the time of his dismissal in February 2000. He has filed this action against the defendants/respondents in the Federal High Court, Lagos claiming as per the amended statement of claim a number of declaratory and injunctive reliefs. Pleadings have been filed and exchanged between the parties. At the conclusion of evidence at the trial the plaintiff alone has testified in person and has tendered Exhibits 'A' to L1' and the defendants have called two witnesses and have tendered Exhibits 'M - M3'. The crucial documentary exhibits in this matter inter alia include:

(1) Exhibit 'A' - Letter of appointment dated 25/5/1965; Exhibit C - Letter of appointment to the post of Assistant Director dated 29/1/99; Exhibit D - Staff manual for Central Bank of Nigeria; Exhibit E - Query letter dated 19/3/99; Exhibit F - Response to the Query dated 23/8/99; Exhibit C - Letter of suspension dated 14/11/99; Exhibit K - Letter of Dismissal from the Bank's Services dated 1/2/2000.

Exhibit M1 - Main report of the Central disciplinary committee held between 8th and 21st September 1999. Exhibits M-M3 report on Special Investigation for the period of October, 1998 - February 1999. Exhibit M3 - Report of the central Disciplinary Committee dated 14/9/1999."

The parties have made written submissions as directed by the court. The trial court in its considered judgment has dismissed the plaintiff's claim in its entirety; in doing so it has struck out the 2nd defendant/respondent in the matter.

Dissatisfied with the judgment the plaintiff has appealed the case to the Court of Appeal Lagos which in its judgment also has dismissed the appeal. Wherefore the instant appeal to this court as per the Amended Notice of Appeal filed on 28/10/2001 of 17 (seventeen) grounds of appeal. The plaintiff and the defendants are in this appeal the appellant and respondents respectively.

Issues

Whether the learned Justices of the court below were right on the facts of the...

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