MBACHU. V A.I.R.B.D

Issue:

At the Owerri High Court of Justice of Imo State, the appellant as plaintiff sued the respondent and claimed against it as defendant, declaratory and injunctive reliefs for an alleged breach of contract of service. The appellant in response to an advertisement put up by the respondent for a vacancy for the post of Secretary in the office of the respondent applied to fill the vacancy and was accordingly interviewed. The appellant was successful. He was subsequently employed as the Secretary of the respondent. The offer of employment was accepted by the appellant in writing and he accepted to serve the respondent as its Secretary. However after the appellant had assumed duty, the respondent decided to appoint an officer as the Acting Head of Department of Administration. The appellant was not happy and asserted that as the Secretary of the respondent, he ought to also be regarded and function as the Head of Administration of the respondent. When the respondent insisted on having a separate officer to occupy the position of the Head of Department of Administration, the appellant went to court for redress alleging breach of contract of service against the respondent. As the appellant NSCQR VOLUME 27 2005 Page 602 failed to adduce enough evidence to support his claims, his action was dismissed by the trial court. For the same reason, the appellant's appeal to the Court of Appeal was also dismissed, hence his further and final appeal to the Supreme Court.