POWER HOLDING CO. (NIG) PLC, ENGINEER O. CO. AKAMNONU & THE DIRECTOR, POWER HOLDING CO. NIGERIA PLC V. CLETUS NWOGBO

HABEEB ADEWALE OLUMUYIWA ABIRU, J.S.C. (Delivering the Lead Judgment): This appeal is against the judgment of the Court of Appeal, Enugu Judicial Division, delivered on the 12th of February, 2021 in Appeal No CA/E/567/2016, and which dismissed the appeal of the Appellants against the Ruling of the Federal High Court delivered on the 12th of July, 2013 in Suit No FHC/J/CS/109/2005. 

The Respondent commenced the action leading up to this appeal in the Federal High Court, sitting in its Enugu Judicial Division, against the Appellant as Suit No FHC/EN/CS/109/2005 to challenge his dismissal from employment. The claims of the Respondent were for an order of Court for his immediate and unconditional reinstatement to his duties; Or in the Alternative, the conversion/commutation of his erstwhile sack into retirement with his full benefits, together with sum of N1 Million as general damages and the sum of NI Million as general damages. The matter was assigned to and heard by Honorable Justice A.…