Augustine Maikyo Vs W. E. Itodo & Ors (2007)

LAWGLOBAL HUB Lead Judgment Report

A. AKINTAN, J.S.C

The appellant, Augustine Maikyo, instituted this action at Makurdi High Court in Benue State as Suit No. MHC/75/97. The said appellant was an employee of the Benue State Local Government Service (2nd respondent) and his grouse with his said employer was that he was compulsorily retired from service. The action was aimed at redressing the wrong. His claim as set out in paragraph 23 of his amended statement of claim is as follows:

“(a) A DECLARATION that the plaintiff’s termination and retirement is null and void. The said termination and retirement not being in accordance with the law, i.e. The Public Officers (Special Provisions) Act, Cap. 381, L.F.N. 1990.

AN ORDER re-instating the plaintiff to his employment as a senior personnel officer with the 2nd defendant, Local Government Service Commission, Benue State.

(c) AN ORDER that the plaintiff’s emoluments including promotions and leave bonus as a senior personnel officer, lost during the period of the purported termination and retirement to be paid to him.

(d) AN ORDER setting aside the findings of the Investigation Panel which investigated the activities of the Directors of Personnel and Treasurers of Local Government in Benue State between (18/11/93 – 6/4/ 95) and the Government views in the white paper based on the said Panel’s recommendations in respect of the plaintiff.”

Pleadings were filed and exchanged and the appellant, as plaintiff, gave evidence in support of his claim and tendered a number of documents as exhibits. Three witnesses gave evidence for the defence. At the close of the case for the defence and after taking submissions from learned counsel for the parties, the learned trial Judge, Puusu. CJ. delivered his reserved judgment on 6/4/2000. The plaintiff’s claim was dismissed in its entirety. An appeal filed against the judgment to the Court of Appeal was also dismissed. The present appeal is from the judgment of the Court of Appeal.

The appellant filed an appellant’s brief in this court and a joint brief was filed on behalf of the respondents. The appellant formulated the following two issues in his brief as arising for determination in the appeal:

“(a) Whether the plaintiff/appellant was given a fair hearing before his appointment was terminated and subsequently converted to retirement, having regard to all the facts and circumstances of this case.

(b) Whether the non-production of the whole of the white paper containing government’s views and recommendations in respect of this case was fatal to the appellant’s case as held by the lower Court having regard to the fact that all facts relevant to this case were admitted in evidence.”

The respondents also formulated two similar issues in their joint brief. I therefore consider it unnecessary to reproduce them here. I believe the two issues formulated by the appellant and repro-duced above are quite adequate in resolving the dispute raised in the appeal.

The brief facts of the case are that the appellant was a Senior Personnel Officer on Grade Level 10 employed by the Local Government Service Commission of Benue State. His appointment was a permanent and pension able one. His last posting was Buruku Local Government. But while he was serving at Guma Local Government Council between 1992 and 1993, he was appointed to serve as the Secretary of the Market Reorganisation Construction Committee. He was granted an imprest of N92,000 in his capacity as secretary of the said Committee for the job to be carried out by the Committee. There were four other members of the Committee.

One of the four members was Mr. S. I. Ortom, who was the Chairman of the Committee while the other three were members. The appellant contended that the N92,000 he received as imprest was used for the purpose of the Committee’s assignment. He also claimed that on completion of the assignment, he retired the total sum of N92,000 in accordance with the laid down procedure of the Local Government Service Commission and was issued with Treasury Receipt No. 037167 dated 31st December, 1993.

The appellant was later transferred from Guma Local Government to Buruku Local Government. But on 20th August 1996, the appellant was served with a letter from the 1st respondent by which his appointment was terminated. That letter was however, later retrieved am I replaced with another one by which he was retired from the service of the 2nd respondent.