CORAM

---

---

PARTIES

---

1. CHARLES EJIMOFOR

2. OKON EDET AFAGHA

3. ERIC MADUKA

4. KENNETH NWAMUO

5. AGUNANA OTITO

6. YAKUBU D. ISHAYA

7. NANJIN SOHNAN

APPELLANTS 

---

1. NIGERIAN TELECOMMUNICATIONS LTD.

2. GENERAL MANAGER (PTMD) NITEL LTD.

3. YOLA TERRITORIAL MANAGER, NITEL LTD.

4. D. I. ANURUKEM (PTMD) PERSONNEL NITEL LTD.

RESPONDENTS 

---

AREA(S) OF LAW

---

---

SUMMARY OF FACTS

The Plaintiffs/Appellants who have been in long service and had many years of experience were employees of the 1st Defendant/Respondent. The Plaintiffs/Appellants’ case was that sometime in 1996, they were rounded up and arrested upon alleged telecommunication offences. Between February – November, 1996, they  kept at various detention centers starting from State Security Service Detention Centre in Yola, Adamawa State, then, Criminal Investigation Department (C.I.D) detention center, Yola, later C.I.D. Detention Centre, Bauchi, and Federal Prisons Bauchi whilst investigation was ongoing and later arraigned before the Miscellaneous Offences Tribunal sitting at Jos, later in Lafia and then in Yola. By virtue of an application on behalf of their counsel urging the court to strike out the suit for want of diligent prosecution the Plaintiffs/Appellants were eventually discharged after three years of their arrest. Meanwhile whilst under detention, the 1stDefendant/Respondent by virtue of an internal memo suspended the Plaintiffs/Appellants from duty without their salary and while also under that arraignment, by a letter of 10/3/97 signed by a Deputy General Manager of the 1st Defendant/Respondent Dr. O.J Anurukem, and one by Mr. Omeata, the Plaintiffs/Appellants were, to their surprise, informed that they had been dismissed from the service of the 1st Defendant/Respondent under Decree 17 of 1984. The Plaintiffs/Appellants hence, filed an action each at the Federal High Court sitting in Yola, Adamawa State seeking for a declaration that the letter of dismissal issued by the Respondents was null and void and of no effect, Payment of unpaid salaries and allowances, special damages and general damages. Upon the order of the court, the matter was consolidated. During the course of trial, the Defendants/Respondent filed before the court an application dismissing the Claims of the Plaintiffs /Appellants on the ground that it was statute-barred, and the suit was struck out as prayed. Dissatisfied with the decision of the Court, the Plaintiffs /Appellants appealed to the Court of Appeal.

---

HELD

---

Appeal Allowed

---

ISSUES

---

1. Whether the application of the respondents seeking to strike out the appellant’s suit was not itself an abuse of court’s processes having regard to the earlier pronouncement that the letter of dismissal was void.(Ground 4).?

2. Whether having regard to the facts disclosed in the pleadings and at the hearing, can it be said that the suit of the appellants are statute-barred (Grounds 1, 3, 5 and 6).?

3. Whether the learned trial Judge’s refusal to consider the authorities cited by counsel for the appellants in his ruling did not occasion a miscarriage of justice (ground 2).?

 

---

RATIONES DECIDENDI

---

CASES CITED

---

---

STATUTES REFERRED TO

---

Federal High Court RulesPublic Officers Protection Act, Cap 379, Laws of the Federation, 1990

---

CLICK HERE TO READ FULL JUDGMENT