Whether the Collection of Terminal Benefits Would be a Bar to the Challenge of the Wrongful Termination

CASE TITLE: MBAGWU v. MÉDECINS SANS FRONTIERS (2025) LPELR-81686 (CA)

JUDGMENT DATE:  18TH JULY, 2025

PRACTICE AREA: LABOUR LAW

LEAD JUDGMENT: MUHAMMED LAWAL SHUAIBU, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on Termination of Employment.

FACTS:

This is an appeal against the judgment of the National Industrial Court of Nigeria, sitting at Sokoto, delivered by Hon. Justice R. B. Haastrup on the 12th day of July, 2023.

The Appellant as Claimant filed a complaint before the trial Court on the 8th day of November, 2018, seeking the following reliefs, among others:

i. Declaration that the summary dismissal without warning as contemplated by the LT & C 2014 for purported presenting issues of basic medical material ruptures aggressively as well as importing that the Claimant unilaterally disregards MSF guidelines and protocol is unconstitutional, unlawful, illegal, ultra vires the powers of the Defendants management in the Anka project, null, void and of no effect whatsoever.

ii. Order quashing/setting aside the dismissal via letter dated 15/10/2018 (sic) addressed to the Claimant, the hearing and minutes of 18/10/2018 as a scam over an already made malicious decision, that is, arbitral and contrary to the constitutional right of the Claimant to a fair hearing, as his “accusers” were his “judges”.

iii. Order of reinstatement of Claimant with back pay beginning from 15/10/2018 to the date of judgment, a written apology and a 50% raise (sic) in basic salary.

In the alternative to relief “iii” above:

The sum of N25,000,000.00 be paid to the Claimant by the defendant as general, punitive/exemplary damages for impunity, flagrantly breaching the Claimant’s contract of employment and maliciously disregarding the provisions of the Constitution of Nigeria, 1999, as amended, and the LT & C of 2014 as it pertains to the Claimant’s right to a fair hearing, as his “accusers” were his “judges”.

Parties settled and exchanged pleadings, and thereafter the matter went to trial.

At the conclusion of the trial and in a considered judgment delivered on 12th July, 2023, the court granted the Claimant’s claims. Dissatisfied, the appellant filed the instant appeal.

In addition, the Respondent filed a notice of preliminary objection wherein it challenges the competence of the appeal on the ground (amongst others) that the Appellant failed to fulfil the condition precedent requiring him to first seek and obtain the leave of this Court before filing an appeal against the decision of the trial Court.

ISSUES FOR DETERMINATION:

The Respondent raised two issues for the determination of the preliminary objection thus:

1. Whether, in view of the mandatory provisions of Section 240(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), this Honourable Court is clothed with the jurisdiction to entertain and determine this appeal?

2. Whether the Appellant’s acceptance of all entitlements under the employment contract, including the one-month salary in lieu of notice awarded by the Lower Court, constitutes a mutual termination of employment, thereby extinguishing his right to institute or prosecute this appeal?

However, the Court went on to determine the appeal on the issues formulated by the appellant, thus:

1. Whether the Court below was right in holding/finding that the Appellant was accorded the benefit of his right to a fair hearing before his appointment was determined by the Defendant.

2. Whether the Court below was right in refusing the Appellant’s claim or relief for aggravated/exemplary/punitive damages against the Respondent.

DECISION/HELD:

In the final analysis, the preliminary objection was upheld and the appeal was struck out. However, the substantive appeal was dismissed upon determination of the same.

RATIOS:

• APPEAL- NOTICE(S) OF APPEAL: Nature of notice of appeal; effect of a defective notice of appeal
• APPEAL- LEAVE OF COURT/LEAVE TO APPEAL: When an appeal from the decision of the National Industrial Court will be as of right or with leave; Effect of failure to seek leave when same is required
• CONSTITUTIONAL LAW- RIGHT TO FAIR HEARING: Principles of fair hearing
• COURT- JURISDICTION: Nature of jurisdiction and effect of a Court lacking same
• DAMAGES- EXEMPLARY DAMAGES: Guiding principles for award of exemplary damages
• DAMAGES- MEASURE OF DAMAGES: Measure of damages in an action for breach of contract
• DAMAGES- DOUBLE COMPENSATION: Instance(s) of double compensation and the rule against same
• EVIDENCE- ESTOPPEL BY CONDUCT: Basis of estoppel by conduct
• EVIDENCE- BURDEN OF PROOF/ONUS OF PROOF: On whom lies the burden of proof where an allegation of breach of right to fair hearing is made
• LABOUR LAW- WRONGFUL TERMINATION OF EMPLOYMENT: Whether collection of terminal benefits would be a bar to the challenge of the wrongful termination.
• PRACTICE AND PROCEDURE- PRELIMINARY OBJECTION: Purpose of a preliminary objection

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