CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): This appeal arose from the judgment of the Federal High Court, Akure, Ondo State presided over by Lambo J. Akanbi, J delivered on the 2nd day of October, 2007, the suit was subsequently transferred to the Ado-Ekiti Judicial Division of the Federal High Court on creation of same.
The respondent herein was the plaintiff in the High Court, a nursing officer employed by the 1st appellant herein (then defendant) on the 24th day of September, 1999 as a Nursing Officer I. The letter of appointment is dated 24th September 1999, with reference NO FMC/ID |EK/ADM/678. By a letter reference No. FMC/ID/EK/232 dated 14th November, 2002 the respondent was confirmed. He was by a letter dated 13th July, 2004, Ref. No. FMC/ID/EK/P.158 /41 promoted to Principal Nursing Superintendent Grade II, a Senior Staff. The appellants found the respondent culpable for his role in refusing to allow a Medical Doctor perform an operation in the theatre, whic…