Maipandi Obeithamidu v Nigeria Deposit Insurance Corporation
| Judge | Honourable Justice Sanusi Kado |
| Judgment Date | 30 April 2020 |
| Respondent | Nigeria Deposit Insurance Corporation |
| Appellant | Maipandi Obeithamidu |
| Docket Number | NICN/ABN/252/2017 |
| Counsel | Johnpaul C. Eze, Esq; for the Claimant Chidel Onuora, Esq; for the Defendant. |
| Court | National Industrial Court (Nigeria) |
1. Vide a general form of complaint dated and filed on 16/8/2017, the Claimant commenced this suit praying for:
(a) Declaration that the termination of the appointment of the claimant in the guise of a dismissal by the defendant is illegal, void, wrongful and of no effect.
(b) An order of Court mandating the re-instatement of the claimant to his duty post with promotions due and payment of all entitlement till date –
- Basic Salary
- Allowances
(c) N5m as general damages for wrongful dismissal from service.
(d) Cost of this action and incidental expenses.
2. The complaint was accompanied by statement of facts, witness statement on oaths, list of witnesses, list of documents to be relied on and photocopies of documents to be tendered in evidence.
3. Upon service of the originating processes commencing this suit, the claimant entered appearance and filed statement of defence which was accompanied by witness statement on oaths, list of witnesses, list of documents to be relied on and photocopies of documents to be tendered in evidence. On 2/7/19, the court granted order for amendment and deemed the amended statement of defence dated 14/5/19 and filed on 15/5/19 as properly filed and served. The defendant filed an amended statement of defence on 15/5/2019.
4. The claimant on 2/5/19 testified in proof of his case as CL. CL after adopting his witness statement on oath tendered 18 documents in evidence they were admitted and marked accordingly as exhibits CLA – CLR.
5. The case of the claimant is that he was employed by the defendant vide letter dated 11/5/1989, the letter of employment was tendered and admitted in evidence as exhibit CLA1-2. His appointment was confirmed by letter dated 13/8/1990, with effect from 31/7/1990. He was promoted to the rank of Deputy Manager with effect from 1/6/1995 by letter dated 20/6/1995, exhibit CLD. The claimant worked for the defendant for slightly above 10 years with his last place of posting Abuja headquarters office. He stated that during the 1999 promotion examination he was evaluated and recommended for promotion to the position of Bank examiner. He stated that while in service he was diagnosed with Hepatitis B which was confirmed by the defendant’s doctor. That based on the recommendation of the doctor he started seeking alternative routes to correct his medical challenge since there were no available facilities in Nigeria. He stated that he was exposed to over 20 X-Rays by the defendant doctors and further took comprehensive medical exams using approved clinics by the defendant. He was nominated and participated for the 1999 overseas management skills of Federal Reserve Bank USA.
6. That while in USA he had opportunity of seeking medical attention and he wrote to the defendant requesting for a two years study leave which was the only and ever such request from him since engagement. He stated that to his consternation without query or warning nor notice he received a dismissal/termination of appointment letter mischievously backdated to October 1999. He stated that in issuing termination letter defendant was not considerate that the claimant was on sick bed. He stated he was never queried nor found wanting throughout the period of his service. CL stated that while in USA he undertook different medical treatments. That after his treatment and full recovery he returned home and wrote to the defendant, requesting to be reinstated to his duties but to no avail. His lawyers also wrote to defendant for his reinstatement. All his pioneer colleagues who are currently in service occupy position as assistance directors or deputy directors.
7. Under cross-examination CL testified that he worked for over ten years with the defendant before moving to USA. That he rose to position of deputy manager and was evaluated, recommended and approved for manager. That he was aware of conditions and procedure of the defendant. He was recommended for treatment in US, the period is as stated in the document exhibit CLE. He was to return to office on 20/9/99. He never returned on 20/9/99. That he sought for verbal approval. He did not return. He does not have any written permission. He sought for consent of his Zonal Director in Kano and Director of Head office. Based on verbal consent he sent document by fax exhibit CLG. The purpose why he sought for the consent was to study as he was advised. He wrote exhibit CLG. There was nowhere in the letter where he mentioned ill-health. He did not mention issue study admission or university he was going to study. The study leave was not approved He stayed for 6 years and he is still in USA. While he was in USA his family were staying at the defendant’s quarters. It was in March 2000 that his letter of dismissal was sent to him. He got the notice in April 2000. His letter of employment does not contain conditions of appointment that he was aware of conditions and procedure of the defendant. He accepted terms of employment staying away for this period is not misconduct. Since he got consent of his Director. The medical documents were not generated from 2000. The time and labour put there were paid for it.
8. One Anani Benedict Oluwaseun, testified in the defence of the defendant as DW1. DW1 after adopting his witness statement on oaths, sought to tender eight documents in evidence, seven out of the eight documents were admitted in evidence and marked as exhibits DWA to DWG, while one document was rejected.
9. The case of the defendant is that the claimant was its former employee whose appointment was summarily dismissed for breach of condition of service. That he has ceased to be staff of the defendant. The claimant was sent to attend a training to improve his capacity but stayed away without lawful authority for several years. The defendant never approved treatment of claimant abroad, as he did not notify or was authorised to stay away from work on account of such treatment. The claimant was summarily dismissed for staying away from work. The claimant’s action is statute barred. The claimant not entitle to any declaration or order of reinstatement damages in the sum of N5 Million Naira or cost.
10. Under cross-examination, DW1 stated that he is 31years of age. That he was 12 years when this issue crop up. That he joined the services of the defendant in 2017. The facts deposed were from the record in the office. The claimant stayed away from the date he was to resume duty to the date of his dismissal. It is correct the defendant acknowledge receipt of exhibit DWE from record there was no reply to exhibit DWC, he did not left address of his contact exhibit CLA1-2 is correct. There is acknowledgement of his letter of dismissal. The letter was received by his wife. It is before the court. Extract 06/12/99 is for meeting of 22. The dismissal of claimant commences on 20/10/99. The letter of leave is dated 25/9/99 exhibit DWF was communicated to him by dismissal letter.
11. The Defendant submitted two issues for determination. They are:-
1. whether this suit is statute barred and failed in the circumstance to invoke the jurisdiction of this honourable court?
In the event that this court answers the above question in the negative;
2. Whether having regard to the pleadings and evidence in this matter Claimant has established a claim to be entitled to the reliefs sought.
12. Legal argument and submissions:
13. In arguing issue one counsel for the defendant contended that the Claimant’s action is statute barred, because it was filed outside the period allowed by the law. It is submitted that the cause of action in this suit accrued since March of 2000.This much was admitted by the Claimant under cross examination of 2nd May, 2019. Where he stated thus: “In March, 2000, they sent my dismissal letter. I got notice of my dismissal in 2000.” It is also submitted that Claimant acknowledged in his appeal letter to the corporation, Exhibit CLI 1-5, that he received notice of his dismissal in March, 2000 which contradicts his claim in paragraph 14 of his statement of facts, that his dismissal letter was mischievously backdated. According to counsel evidence obtained under his cross examination forms part of the case of the Claimant and can be relied on by the opposing party to establish defendant’s case or demolish the case of the other party. On this submission reliance was placed on the case of Iheanacho V Chigere (2004)7 (Pt II) 49. It is also contended that no better evidence exists against a party than the one from the witness called by that party who gives evidence contrary to his own case. On this contention counsel relied on the case of Odi V Iyala (2004) 4SC (Pt I) 20.
14. It is contended that the cause of action in this suit arose in March, 2000. This case was filed on 16th August, 2017. Defendant has pleaded the defence that this action is statute barred both under the Public Officers Protection Act and under the Limitation Act.
15. Section 2(a) of the Public Officers Protection Act provides thus:
a) “Where any action, prosecution, or proceeding is commenced against any person for any act done in pursuance or execution or intended execution of any Act or law or of any public duty or authority, or in respect of any alleged neglect or default in the execution of any such Act, Law, duty or authority, the following provisions shall have effect –
Limitation of time
- The action, prosecution, or proceeding shall not lie or be instituted unless it is commenced within three months next after the act, neglect or default complained of, or in case of a continuance of damage or injury, within three months next after the ceasing thereof:
- Provided that if the action, prosecution or proceeding be at the instance of any person for cause arising while such person was a convict or prisoner, it may be...
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