John Oforishe V. Nigerian Gas Company Ltd (2017)

LAWGLOBAL HUB Lead Judgment Report

OLABODE RHODES-VIVOUR, J.S.C.

This is an appeal from the Court of Appeal (Benin Division) in which the judgment of a Delta State High Court, (Effurun) on appeal was allowed. The appellant as plaintiff sued the respondent as the defendant on a writ of Summons and amended Statement of claim for:

1. A declaration that the purported termination of plaintiffs contract of service from the defendant which said decision was taken by the Board of Directors of defendant at Ekpan within the jurisdiction of this Hon. Court and which said decision was communicated to plaintiff vide letter of Termination of Appointment Ref. No. NCC/APD/WR37 dated 18 December, 1991 is null, void and of no effect whatsoever in that the same is contrary to and inconsistent with plaintiffs contract of service with the Defendant and a contravention of plaintiffs fundamental right to fair hearing.
2. A declaration that the termination of plaintiffs appointment from the service of the defendant was based on the report of the Panel of investigation set up in respect of the incident at WOD office, Ughelli.

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An Order of perpetual injunction restraining the defendants by themselves, all officers servants and/or agents from giving effect to and/or acting on the purported letter of termination and for the defendant to reinstate plaintiff unto his position of employment and payment thereof of all arrears of salaries, allowances and benefits attached to the said post before the purported termination.

IN THE ALTERNATIVE

An order compelling the defendant to pay all plaintiffs salaries, retirement benefits and allowances as stated above from the date of alleged termination till December, 2004 when plaintiff would have retired from the services of defendant at the age of 60 years at the current salary structure and allowances operating in the defendant.A further amended statement of defence was filed on 7 June 1995. Trial commenced on 3 May, 1995. The plaintiff gave evidence and closed his case on 8 March 1996. A sole witness, Hayatu Y. Jauro, an employee of the respondent gave evidence on behalf of the respondent. Twenty-two documents were tendered and admitted as exhibits.

In a considered judgment delivered on 9 October, 1997, the learned

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trial judge gave judgment in favour of the plaintiff and against the defendant thus:

1. A declaration that the purported termination of plaintiff contract of service from the defendant which said decision was taken by the Board of Directors of defendant at Ekpan within the jurisdiction of this Honourable Court and which said decision was communicated to plaintiff vide letter of termination of appointment Ref. No. NGC/APD/WR37 dated 18 December, 1991 is null and of no effect whatsoever.
2. A declaration that the termination of plaintiffs appointment from the service of the defendant was based on the report of the Panel of investigation set up in respect of the fire incident at WOD office, Ughelli.
3. An Order of perpetual injunction restraining the defendants by themselves, all officers, servants and/or agents from giving effect to and/or acting on the purported letter of termination. The defendant is to reinstate the plaintiff unto his position within 30 days from todays date and to pay the Plaintiff of all arrears of salaries allowances and benefits attached to the said position before the purported termination.

Costs of

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N800.00 was awarded in favour of the plaintiff. The main relief was granted. The alternative prayers were not considered.

Dissatisfied with the judgment of the trial Court, the respondent as appellant lodged an appeal. The appeal was heard by the Benin Division of the Court of Appeal. That Court in a well considered judgment upset the judgment of the trial Court. The penultimate paragraph reads:

In the result, this appeal succeeds and it is allowed. I set aside the judgment of the Effurun High Court in suit No. W/98/92 delivered on 9 October 1997 and the costs awarded therein.”