CaseLaw
Olagunju v. PHCN (2011) CLR 4(a) (SC)
Brief
Facts
The case of the plaintiffs, as can be gleaned from the record, is that they were former employees of the defendant in its Molete District Store at Jericho, Ibadan and worked under Mr. Adebola Adenuga, who was the District Store Officer.
It is the case of the 1st plaintiff that on 1st January, 1997, a public holiday, he, in the company and on instruction of the said Mr. Adebola Adenuga went to Eleyele NEPA Stores to collect goods/materials intended for the Jericho Stores, but without written authority. The goods/materials were later loaded in a vehicle but the security men on duty refused to allow the 1st plaintiff and one Titilayo Asawale to leave the stores with the goods. Later on, the General Manager of the defendant ordered that the goods be returned to Eleyele stores while the 1st plaintiff was queried, arrested and charged to court for conspiracy and stealing.
On the other hand, the 2nd plaintiff who was a manual worker/labourer also in the employ of the defendant testified that on the 20th January, 1996 he accompanied Mr. Adebola Adenuga, his superior officer, to the defendant's store at Eleyele to load a vehicle with electrical materials for delivery at Jericho stores. The vehicle for the job was driven by a driver who was not a staff of the defendant; that Mr. Adenuga was later arrested by the police but he jumped bail on his release; that he was not arrested but was queried and he appeared before a panel.
The plaintiffs were dismissed by a letter of 13th March, 1997 issued during the pendency of the trial of the 1st plaintiff in the Magistrate Court, Ibadan. The plaintiffs filed the action sometime in September, 1999. At the trial the defendant did not testify but rested its case on that of the plaintiffs.
As stated earlier in this judgment, at the conclusion of the trial the learned trial judge entered judgment in favour of the plaintiffs/appellants resulting in an appeal which was decided against the present appellants hence the instant further appeal.