The plaintiff/appellant commenced the above suit at the High Court of Justice Abuja against the defendant/respondent claiming declarations seeking to declare as null and void the purported termination of his appointment by the defendant/respondent and mandatory injunction to compel his re-instatement and payment of gratuity for 12 years in the alternative.

Pleadings were duly ordered by the trial court and parties exchanged their pleadings (vide pages 7-8 and 11-12 of the records).

Both parties called one witness each and tendered Exhibits A, B, C, and A, A1 - A7 respectively.

The gist of the plaintiff's case was that he was employed by the defendant as a clerical assistant on 9.9.77. Based on the agreement between the parties (i.e. paragraph 2a of the Letter of Appointment Exh. A and the FCDA Management Manual Exh. C,) the defendant/respondent terminated the appointment of the plaintiff/appellant on 2.2.89 by giving him a month's salary in lieu of Notice.

The contention of the plaintiff at the lower court was that by virtue of the FCDA Management Manual and the Federal Civil Service Rules which applied to his employment, his appointment cannot be terminated with a month's salary in lieu of Notice without course. On the other hand, the defendant's defence was that the plaintiff's appointment was terminated in compliance with his letter of appointment and that once he accepts the one month's salary in lieu of Notice the termination becomes valid.

At the end of the trial, the learned trial Judge in a considered judgment dismissed the plaintiff's claim in the suit.

Dissatisfied with this judgment the plaintiff has brought this appeal