Teliat A. O. Sule V. Nigerian Cotton Board (1985)

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A. OPUTA, J.S.C. 

The plaintiff/appellant joined the Nigerian Civil Service on the 7th July, 1944. He then served in the Department of Agriculture. Sometimes in 1949, he was transferred to the Department of Marketing and Export and in 1962 he was again transferred to the Nigerian Produce Marketing Company Ltd.

On the creation of the Nigerian Cotton Board-the defendant company-the plaintiff was again “deployed thereto and deemed to have been appointed by the defendant Board with effect from 1st day of April, 1977”. By letter No. NCTB/CSTP-387/31 of 11th April, 1979, tendered as Exhibit Q, the defendant company retired the plaintiff from the service of the Board with full benefits, and requested him “to vacate the Board’s quarters, after a period of one month’s grace”. Thereupon the plaintiff sued the defendant in the High Court of Lagos State claiming as follows:

The plaintiff’s Writ of Summons in this case was dated 10th July, 1979 and was expeditiously filed on the very same day 10-7-79. This date is important especially to the issue of the jurisdiction of the Lagos High Court to entertain some aspects of this case. Pleadings were ordered, filed and exchanged. The plaintiff’s case on his pleadings was as follows:

“A sum of N108,731 being damages suffered by the plaintiff as a result of his unlawful and wrongful retirement in Lagos from the service of the defendant Board as per the defendant’s letters of 11th April, 1979 and 17th May, 1979.

1. This his ‘Terms and Conditions of Service’ with the defendant/Board were governed by the Civil Service Rules, Regulations and relevant Circulars and Directives-paragraph 32 of the Statement of Claim refers.
2. That when he was retired by the defendant/Board, he was only 53 years of age-paragraph 33 of the Statement of Claim.
3. That by Circular No. 4/1978, tendered as Exhibit U, the compulsory retiring age of public officers was raised from 55 to 60 years-paragraph 34 of the Statement of Claim.
4. That by retiring him at the age of 53 years the defendant/ Board prevented him from earning his salary for the period 22nd March, 1979 to 9th December, 1985; (see paragraphs 35 and 36 of the Statement of Claim).
5. That he committed no offence to warrant his forced and/or wrongful and unlawful retirement; (paragraphs 37 and 40 of the Statement of Claim).
6. That the procedure for retirement under Section 9 of the Pensions Act, namely giving the retiring officer six months’ notice in writing was not complied with in his case; (paragraph 42 of the Statement of Claim).
7. That an essential part of the Terms and Conditions of Employment between the defendant/Board and its employees (including the plaintiff) stipulated voluntary retirement at the age of 45 years and compulsory retirement at the age of 60 years (paragraph 45 of the Statement of Claim).

This was the plaintiff’s case as pleaded.

What were the defendant’s answers to the vital averments of the plaintiff The defendant’s case on the pleadings was:

1. The plaintiff was transferred to the Headquarters of the Board at Funtua and ordered to vacate his quarters at No. 13A Dakar Road, Apapa for Alhaji Jimeta who was simultaneously with the plaintiff transferred from Funtua to Lagos-paragraph 6 of the Statement of Defence.
2. That in spite of several letters from the Board requesting the plaintiff to vacate the Board House at No. 13A Dakar Road, Apapa, the plaintiff obstinately refused to vacate-paragraphs 6, 7, 8 and 9 of the Statement of Defence.
3. That because of the behaviour of the plaintiff, the defendant suspended him from the service of the Board and in spite of his suspension the plaintiff still refused to vacate the Board’s quarters at No. 13A Dakar Road, Apapa as requested-paragraph 9 of the Statement of Defence.

Note-The letters exchanged between the plaintiff and the defendant/Board over his transfer to Funtua and the Board’s order to the plaintiff to vacate the quarters at No. 13A Dakar Road, Apapa were tendered as Exhibits E, F, G, H, J, and K. The Query which the defendant/Board issued to the plaintiff was tendered as Exhibit L and the Suspension Letter written to the plaintiff was tendered as Exhibit N. The Retirement Letter which formed the basis of this action was tendered as Exhibit Q.

The most important paragraph of the Statement of Defence which raises the central and vital issue in this case is paragraph 10. I reproduce this paragraph hereunder:

“10. In spite of his suspension the plaintiff refused to comply with the instructions of the defendant/Board and continued up to this date in occupation of the Dakar Road property. In the circumstances the defendant/Board decided on humanitarian grounds to terminate the services of the plaintiff by retiring him from the services of the Board with full benefits in lieu of outright dismissal without benefits.”

From the pleadings of the parties, the core of this case, the central issue is:

1. Could the plaintiff have been summarily dismissed by the Board

If on the evidence and finding of the trial judge the answer is yes; then another issue and a less difficult issue will arise:

Was the retirement of the plaintiff with full benefits rather than outright dismissal unlawful and wrongful

To my mind every other issue in this case, namely, whether or not: