NIGERIA CUSTOMS SERVICE & ANOR V. SUNDAY OSARO BAZUAYE

U. M. ABBA AJI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court, Edo State, sitting in Benin City, presided over by Hon. Justice I.N. Auta, delivered on the 13th day of November, 2001.

The respondent herein was the plaintiff before the trial court. He was employed by the Federal Ministry of Works and Housing on 21st March, 1971. His appointment was confirmed and as was the practice, gazetted. He enjoyed rapid promotion so much so that as at 1988, he was transferred to the customs department and by the 1988 Civil Service Reform, he now became a permanent staff of the Custom Service.

As at 1989, the respondent's duty post was Tin Can Island Port, Lagos, where he was a senior accountant. Sometimes in 1989, a fraud was perpetrated in Tin Can island Port, Lagos. Two Union Bank Cheques No. 784216 for N64,456.36k and No. 784215 for N4,511.95k issued by Pfizer Products to Panalpina World Transport, were stolen at the Murtala Mohammed Air…