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CaseLaw

Orthopaedic Hosp. V. Garba (2002) CLR 7(b) (SC)

Judgement delivered on July 12th 2002

Brief

  • Constitutional issue at Court of Appeal
  • Raising Issue Suo Motu
  • Federal High Court (Amendment) Decree of 1991

Facts

The Plaintiffs, who are the Respondents in this appeal, are employees of the National Orthopaedic Hospital, Dala, Kano. They were suspended from duty following an allegation of theft of some properties belonging to the National Orthopaedic Hospital, Kano. The Respondents were arrested and taken to a Chief Magistrate's Court in Kano. They were tried and discharged. Since then they were suspended from duty and placed on half salary. When their appeal for re-instatement on full salary was not granted they went to Court and filed the following claim against Orthopaedic Hospitals Management Board:

  • a
    A declaration that the Plaintiffs are still employees of the Defendant.
  • b
    An order compelling the Defendant to re-instate the Plaintiffs to their posts.
  • 1
    N28,000.00 as arrears of salary and allowance due to the 1st Plaintiff from the day of suspension till November 1992 and thereafter his full salary and allowance until he lawfully cease to be the Defendant's employee
  • 2
    N36,000.00 as arrears of salary and allowance due to the 2nd Plaintiff from the date of suspension till November, 1992 and thereafter his full salaries and allowances until he lawfully ceases to be an employee of the Defendant.
  • 3
    N40,000.00 as arrears of salaries and allowance due to the 3rd Plaintiff from the date of suspension till November, 1992 and thereafter his full salaries and allowances until he lawfully ceases to be the Defendant employees.
  • 4
    N26,000.00 as arrears of salaries and allowances due to the 4th Plaintiff from the date of suspension to November, 1992 and thereafter his full salaries and allowances until he lawfully ceases to be employee of the Defendant."

The Defendant/Appellant filed a counter-claim against the Respondents and averred that by the totality of the conduct of the Respondents, since 1986, they had rendered themselves liable to be dismissed from service. At the end of the trial the learned Trial Judge granted the declarations which the Respondents prayed for and ordered for their re-instatement. In addition the Court ordered some amount of money to be paid to the Respondents as special damages. The learned Trial Judge dismissed the counter-claim.

Dissatisfied with the decision, the Orthopaedic Hospitals Management Board filed an appeal to the Court of Appeal. The Court of Appeal suo motu raised the issue of jurisdiction of the High Court to hear the action instituted by the Plaintiffs/Respondents. The Court of Appeal allowed the appeal and declared the judgment of the trial Court a nullity and transferred the claim filed by the Plaintiffs/Respondents to the Registrar of the Federal High Court, Kano for re-hearing as a new suit.

The Defendant/Appellant further dissatisfied with this, appealed to the Supreme Court.

Issues

  • 1
    Whether the Court of Appeal was correct to have raised the...
    • ...

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