BADA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Anambra State holden at Awka in the Awka Judicial Division. The judgment was delivered on the 23rd day of May, 2005.
The facts which led to this appeal are that the appellant, a deputy director of finance of the 2nd respondent corporation, was on the 18th of September, 2001 served with a letter which conveyed the board of 2nd respondent’s decision following its resolution of 1st August, 2001 and 12th September, 2001 to suspend him from his duties. By the said letter (exhibit C), the appellant was to handover by Friday, 21st September, 2001 as his indefinite suspension without pay took effect from Monday, 24th day of September, 2001.
The appellant caused a pre-action notice (i.e. exhibit T in theproceeding at the lower court) to issue on the 2nd respondent corporation on the 21st day of September, 2001. On the failure of the 2nd respondent to rescind its decision, the appellant on the 5…