MOHAMMED L. TSAMIYA. J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Enugu State High Court (herein referred to as the trial court) delivered on 21st November 2003.
The facts of the case according to record of this appeal are that, Respondent as plaintiff sued the Federal
Aviation Authority of Nigeria, (the defendant) as watchman. He was employed by the then Nigeria Airports Authority (N.A.A.) on 13th December 1976. He was absorbed into permanent establishment in the Federal Public Service on
1st April 1977 , and on 1st April 1981 he was confirmed into permanent and pension able post. On 11th December 1989, one Isaac., alleged that his shop within the Airport Hall was broken into by unknown person. The Respondent being among the security men on duty on the night of the incident, was charged to Court with his colleagues
before the Chief Magistrate Court Enugu with burglary and stealing and was interdicted. After the trial, the Respondent was disc…