BEST LAW REPORT SUBSCRIPTION PRICE!!

  • Jombo v. P.E.F.M.B.
  • 280
  • 2005-10-10
  • ₦ 200
  • Buy Now

Jombo v. P.E.F.M.B.

MR. A. S. JOMBO (J. P.)

V

PETROLEUM EQUALISATION FUND (MANAGEMENT) BOARD

THE HONOURABLE MINISTER OF PETROLEUM RESOURCES

THE HONOURABLE ATTORNEY-GENERAL OF THE FEDERATION

SUPREME COURT OF NIGERIA

SALIHU MODIBBO ALFA BELGORE JSC ( Presided )

ALOYSIUS IYORGYER KATSINA-ALU JSC

IGNATIUS C. PATS-ACHOLONU JSC (Read the Lead Judgment)

GEORGE ADESOLA OGUNTADE JSC

SUNDAY AKINOLA AKINTAN JSC

SC.18/2001

FRIDAY, 1ST JULY, 2005

INTERPRETATION OF STATUTE - Ouster of courts jurisdiction Statutes in respect of - How construed

JURISDICTION - Jurisdiction of court - Determinant of - Attitude of court to

JURISDICTION - Ouster of jurisdiction - Statutes in respect of - How construed

JURISDICTION - Ouster provisions - Power of court to critically examine whether its competence is taken away before declining jurisdiction

LABOUR LAW - ‘Termination of employment’ and ‘dismissal from employment’ -Distinction between

LABOUR LAW - Termination of employment - Effect of - Rights of employee whose employment is terminated

MASTER AND SERVANT - Termination of employment  Effect of Rights of employee whose employment is terminated

STATUTE - Public Officers (Special Provisions) Decree No. 17 of 1984 - Definition of appropriate authority thereunder

WORDS AND PHRASES - ‘Appropriate authority’ - Definition of under Public Officers (Special Provisions) Decree No. 17 of 1984

WORDS AND PHRASES - ‘Termination of employment’ and ‘dismissal from employment’ -Distinction between

Issues:

1.              Whether the Federal High Court was right to have declined jurisdiction in suit No. FHC/ABJ/CS/60/98 as held by the Court of Appeal.

2.              Whether as in this case an employer can lawfully dismiss an employee during the pendency of an action by the employee filed in challenge of an earlier termination of his employment by the employer.

Facts:

The appellant was the General Manager (Operations) in the 1st respondent’s employment. By a letter dated 28th July, 1998 from the Ministry of Petroleum Resources, his appointment was terminated, based on the outcome of the report of an investigation committee which found him guilty of gross misconduct. He filed an action in the Federal High Court, Abuja to challenge his termination and sought an order declaring his termination as illegal, unconstitutional, null and void, an order reinstating him to his position as General Manager (Operations) and an order directing the 1st appellant to pay him all his salaries, allowances, and emoluments due from the date of his suspension and termination to the date of his reinstatement.

While the action was pending in court, by a letter dated 16th April, 1999 , another letter was directed to the appellant informing him of his dismissal from service without benefits. The respondents following this letter on the 14th of June, 1999, filed a motion in which they prayed the court for an order striking out appellant’s suit on the ground that the court lacked the jurisdiction to entertain the claim. After the application was argued by counsel on both sides, the trial Judge in his reserved ruling of 28th June, 1999  upheld the objection and held that the court had no jurisdiction to entertain the suit. He accordingly struck out the case.

Dissatisfied with the ruling, the appellant appealed to the Court of Appeal which dismissed the appeal on the 26th of October, 2000. Aggrieved still, the appellant lodged a further appeal at the Supreme Court.