OSIAH AKINOLA & ANOR VS FATOYINBO OLUWO & ORS
September 5, 2025MALLAM MOMO GUSAN & ANOR VS PATERSON ZOCHONIS & CO. LTD
September 5, 2025Legalpedia Citation: (1962-04) Legalpedia 96041 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Apr 27, 1962
Suit Number: SC 229/1961
CORAM
ADEMOLA, JUSTICE SUPREME COURT
UNSWORTH, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
IJEBU-ODE DISTRICT COUNCIL
RESPONDENTS
AREA(S) OF LAW
LABOUR LAW – WRONGFUL DISMISSAL/APPEAL
SUMMARY OF FACTS
The appellant was interdicted by the respondents, and later summarily dismissed. On trial at the Magistrates’ Court, he was acquitted. He then instituted an action for wrongful dismissal and was found guilty at the Trial Court. Being dissatisfied he has appealed to this Court.
HELD
Appeal was dismissed,costs assessed at 21 guineas.
ISSUES
Whether his dismissal was right taking cognizance of Regulation 16 of the Western Region (Local Government) Staff Regulations, 1955?
RATIONES DECIDENDI
WHEN AN EMPLOYEE CAN BE DISMISSED.
‘a confirmed employee, should not have been dismissed without being given an opportunity to be heard.’ Per UNSWORTH, F.J
EFFECT OF FAILURE TO COMPLY WITH REGULATION
‘The failure to comply with Regulation 16 cannot deprive the Courts of jurisdiction to enquire into the issue of just cause or excuse any more than a compliance with that Regulation would deprive the Courts of the power to con-sider whether an employee had been dismissed without such cause or excuse.’ Per UNSWORTH, F.J
CASES CITED
None.
STATUTES REFERRED TO
Western Region (Local Government) Staff Regulations, 1955
