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CaseLaw

Okoro V. Delta Steel Co. Ltd (1989) CLR 7(a) (CA)

Judgement delivered on July 11th, 1989

Brief

  • Delegation of power
  • Appropriate authority
  • Interpretation of statute
  • Unambiguous provisions of a statute
  • Ouster of court’s jurisdiction
  • Public officer

Facts

In the substantive suit filed by writ of summons the plaintiff/appellant claimed against the defendants/respondents as follows:

  • 1
    N100,000.00 (One hundred thousand naira) being damages for wrongful, unlawful and malicious dismissal of plaintiff on the 2nd day of March, 1984 as per defendant's letter to the plaintiff on the same day at Ovwian-Aladja in Udu Clan within the Jurisdiction of this Honourable Court.
  • 2
    A declaration that the purported dismissal of the plaintiff by the defendant is null and void.
  • 3
    An order of interim injunction restraining the defendants and their servants or agents or privies from quitting the plaintiff by force or by any other legal process from the house and premises at the Security Quarters of Delta Steel Township which plaintiff occupies as servant or tenant of the first defendant pending the determination of this suit.
  • 4
    An order of perpetual injunction to restrain the defendants, their servants and agents and privies from quitting the plaintiff from the said house and premises occupied by plaintiff in the Security Quarters described under claim (3)above.”

Pleadings were settled, filed and delivered in the main suit.

The 1st defen¬dant filed a motion on notice under sections (l)(a)(d), 2(a)(b), 3(1)(2)(3)(4) and (5) of the Public Officers (Special Provisions) Decree, No.17 of 1984 and also under order 22(2)(3) Cap 65 of the High Court (Civil Procedure) Rules, Laws of the Bendel State of Nigeria, 1976, praying the court below:-

  • "for an order that the proceedings in this action are abated, dis¬charged and made void because the action was instituted after the promulgation of the Public Officers (Special Provisions) De¬cree, No.17 of 31/12/83, and for such further and say other orders as the Honourable Court may deem just to make in the cir¬cumstances."

    • It was not in dispute that the 1st defendant/applicant is a corporate body established under a Federal Law by the Fed¬eral Republic of Nigeria whose operative base is at Ovwian Aladja and it is owned by the Federal Government of Nigeria.

    Furthermore, It was also admitted that the plaintiff/respondent was at all material times a public officer under the employment of the 1st defendant/applicant.

    It was denied that the 1st defendant/applicant had no solid defence to the plaintiff/respondent's suit but for the provisions of the said Decree and that the action is an abuse of court process.



    The plaintiff/respondent did refute the fact deposed to by the defen¬dant/applicant that under the provisions of the Public Officers (Special Pro¬visions) Decree No.17 of 31/12/83 that the proceedings in this action are "abated, discharged and are made void" although that aspect of the affidavit evidence presumes argument of law.

    The trial Judge granted the prayers in the respondents' application and dismissed the appellant's suit. The appellant appealed against that decision to the Court of Appeal.

Issues

  • 1
    Was the letter of dismissal of the plaintiff/ respondent / appellant, Exhibit

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