OKOMU. VS. ISERHIENRHIEN

CORAM

MUHAMMAD LAWAL UWAIS , JUSTICE, SUPREME COURT

UTHMAN MOHAMMED , JUSTICE, SUPREME COURT

OKAY ACHIKE, JUSTICE, SUPREME COURT

PARTIES

OKOMU OIL PALM COMPANY LIMITED APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The respondent was appointed by the appellant who also terminated his appointment. The lower courts held that the termination was wrongful on the grounds that the civil service rules was not complied with.

HELD

The court allowed the appeal and held that there was no evidence to show that the respondent’s appointment was governed by the civil service rules.

ISSUES

1. Whether the respondent’s appointment was governed by the rules of the Civil Service Commission of the Federal Republic of Nigeria.2. Whether the statement of claim contained any relief.

RATIONES DECIDENDI

RELIANCE ON CIVIL SERVICE RULES

It seems to me a fair conclusion to say that it is when it has been satisfactorily established that an employee was appointed under the Federal Government Civil Service Rules that the question of his removal in compliance with the relevant provisions of the said rules can arise – Uwaifo J.S.C

ONUS OF PROOF OF BREACH OF CONTRACT OF EMPLOYMENT

When an employee complains that his employment has been wrongfully terminated, he has the onus (a) to place before the court the terms of the contract of employment and (b) to prove in what manner the said terms were breached by the employer. It is not the duty of the employer as a defendant in an action brought by the employee to prove any of these facts – Uwaifo J.S.C

EFFECT OF REFERENCE TO THE WRIT IN THE STATEMENT OF CLAIM

Reference in a statement of claim to the writ for the reliefs claimed makes the statement of claim complete as it incorporates the writ – Uwaifo J.S.C

CASES CITED

1. Katto vs. Central Bank of Nigeria (1999) 5.S.C(Pt. II) 21.2. Amodu vs. Amode (1990) 5 NWLR (Pt. 150) 356 at 3703. Keshinro vs. Bakare (1967) NSCC (Vol. 5) 279 4. Owena Bank (Nig) Ltd. vs. Nigerian Sweets and Confectionary Co. Ltd. (1993) 4 NWLR (Pt. 290) 698.