SYLVESTER C. NWOYE V FEDERAL AIRPORTS AUTHORITY OF NIGERIA

Issue:

The appellant herein, who was a staff of the Federal Airports Authority of Nigeria (FAAN), joined the services of the Authority on 5thMay, 1980 as an Assistant Technical Officer on grade level 06. The appointment was confirmed and he rose through the ranks up to Grade Level 13 and the position of Assistant Chief Electrical Superintendent (ACES) in the cadre of senior staff as at 1999. As part of the perks of office as a senior member of staff, he was allocated official accommodation in the Respondent's staff quarters. According to him, for no justifiable reason, the respondent began to withhold his salaries and emoluments and prevented him from carrying out his official assignments. When he made a demand for his salaries and emoluments to be paid, the respondent threatened to evict him from his official accommodation. This led to the institution of this suit before the High Court of Enugu State wherein he sought and was granted an order of interlocutory injunction restraining the respondent from evicting him. He filed the suit that gave rise to this appeal at the Federal High Court Enugu seeking to enforce the payment of his salaries and emoluments. At the conclusion of the trial, the learned trial Judge granted reliefs 1, 3 and 5 and refused reliefs 2 and 4. The respondent appealed against the decision to the Court of Appeal, Ado-Ekiti Division. The appellant was also dissatisfied with the failure of the learned trial Judge to grant reliefs 2 and 4 and filed a cross appeal. A preliminary objection was raised in respect of respondent's appeal. The lower court found the objection to have been well founded and struck out the respondent's appeal. Thereafter the court considered the appellant's cross-appeal. It held that the learned trial Judge was right not to have granted reliefs 2 and 4 and declined to invoke its powers under Section 15 of the Court of Appeal Act to grant the said reliefs. It however granted relief (i) of the alternative reliefs. The Appellant felt dissatisfied and appealed to the Supreme Court.