BENIN ELECTRICITY DISTRIBUTION COMPANY PLC. V. MR. NAPOLEON ESEALUKA
(2013) JELR 35995 (CA)
Court of Appeal
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CA/B/369/2009
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21 Feb 2013
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Nigeria
Coram
HELEN MORONKEJI OGUNWUMIJU JCA;
SIDI DAUDA BAGE JCA;
AYOBODE OLUJIMI LOKULO-SODIPE JCA;
Appearances
P. O. Osemwenkha Esq. For Appellant
Prince Felix Nbanefo Nwoko (KSC) For Respondent
Judgement
<p><strong>HELEN MORONKEJI OGUNWUMIJU, JCA (Delivering the Leading Judgment):</strong> This is an appeal against the judgment of the Federal High Court sitting at Benin delivered by Hon. Justice Awokulehin on 23rd January, 2010. The facts that led to this appeal are as follows:</p><p> The Respondent herein was Plaintiff at the trial court and he was the employee of the Appellant who was Defendant at the trial court. The Respondent's employment was confirmed in 1987 and became officer III in 1996. In 1995, a fraud took place in the Appellant's office and the Respondent and others were arrested and charged to the Magistrate Court. In October 1996, he was interdicted and placed on half salary. He stood trial for two years and was discharged and acquitted.</p><p> During the subsistence of Magistrate Court proceedings, Respondent by a letter was invited to appear before an Ad-Hoc Administrative Panel. He denied all the allegations leveled against him.</p><p> After his discharge and acquittal by the Magistrates' court he instructe…</p>