Osita C. Nwosu V. Imo State Environmental Sanitation Authority & Ors (1990)

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NNAEMEKA-AGU, J.S.C.

This is a further appeal to this court against the judgment of the Court of Appeal, Enugu Division, Coram: Olatawura, Onu, and Omosun, JJ.C.A. That court had dismissed the appeal of the plaintiff, Osita C. Nwosu, against the ruling of an Owerri High Court, per Chianakwalam, J., that his jurisdiction to entertain the plaintiff’s suit had been ousted by Decree No. 17 of 1984.

Plaintiff’s claim before the High Court was finally amended by his amended statement of claim dated the 22nd day of May, 1986. For purposes of this judgment, I shall rely on the amended statement of claim set out at pages 131 to 136 of the record.

The salient points in the statement of claim could be summarized. The plaintiff averred that he was a civil servant and chief executive of the 1st defendant. He was appointed a civil servant in May, 1965, became secretary of the 1st defendant on 12/9/80, and its general manager/chief executive from 2/2/82.

On 12/2/82 the 3rd defendant directed the plaintiff to proceed on leave because a junior staff of the 1st defendant had petitioned against the plaintiff for misconduct. The leave had been extended twice. During the period a 5 man ministerial panel under the chairmanship of the 4th defendant was appointed to investigate the allegations in the petition, several witnesses had been called; but the plaintiff was not called to give evidence. Another panel, an audit panel was also set up under the chairmanship of the 3rd defendant. But it did not find anything against him. As his leave was being extended still, he had to petition the Military Governor.

Suddenly, on 15th June, 1985, he saw an advertisement in the Nigerian statesman, signed by the 2nd defendant,for the post of general manager of the 1st defendant, even though he had not been dismissed or his appointment terminated. His petitions and letter to the Military Governor inquiring whether he had been dismissed/terminated were not replied to. It was only in an application after he had instituted this action that a purported letter of his dismissal was exhibited; but none had been served upon him before then. The said dismissal was without any query and contrary to the opinion of the State Ministry of Justice. In paragraph 17, he amended his claim thus:

“(17) Wherefore the plaintiff claims against the defendants jointly and severally:

(1) A declaration that the appointment of the plaintiff as general manager of Imo State Environmental Sanitation Authority is still valid and subsisting.

(2) An order of court on the 1st, 2nd and 3rd defendants to pay the plaintiff the arrears of salaries and emoluments due and accruing to him from June 1986 till date with immediate effect.

(3) An order of court setting aside the continuing compulsory leave imposed on the plaintiff by the 3rd defendant as being wrongful and ultra vires the powers of the 3rd defendant.

(4) An injunction restraining the 1st, 2nd and 3rd defendants from in any manner whatsoever directly or indirectly, preventing the plaintiff from resuming his duty as general manager of the Imo State Environmental Sanitation Authority.”

Thus, from the plaintiff’s own showing;

(1) He was a civil servant as well as the general manager of the Imo State Environmental Sanitation Authority (hereinafter called the authority).

(2) He was aware that a letter of petition had been written against him by a staff of the authority alleging certain acts of impropriety and imminent collapse of the authority.