SONUGA J.S. AND ORS VS CHIEF KEHINDE ANADEIN AND ORS
August 29, 2025CHAIRMAN, LAGOS EXECUTIVE DEVELOPMENT BOARD VS JAMIL SAID AND OTHERS
August 29, 2025Legalpedia Citation: (1967-02) Legalpedia 99887 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Fri Feb 10, 1967
Suit Number: SC 518/1966
CORAM
ADEMOLA CHIEF JUSTICE, NIGERIA
COKER JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
PARTIES
APPELLANTS
POLICE SERVICE COMMISSION
RESPONDENTS
AREA(S) OF LAW
ADMINISTRATIVE LAW , LABOUR LAW ,CERTIORARI.
SUMMARY OF FACTS
The appellant was dismissed from service by the respondent without giving him the details of the particulars and evidence upon which the decision was based.
HELD
The court held that an order of certiorari would lie to quash the decision of the respondent.
ISSUES
1 Whether the respondent was bound to call for oral representation from the appellant before taking the decision to dismiss him.
2 Whether the refusal of the respondent to furnish the appellant the particulars and the evidence upon which it took the decision to dismiss him from service violated the principles of natural justice.
RATIONES DECIDENDI
PROCEDURE FOR TERMINATING THE EMPLOYMENT OF A PUBLIC OFFICER
1. ‘The Police Service Commission, like any other tribunal of this nature, is entitled to decide its own procedure and lay down its own rules for the conduct of enquiries regarding discipline and the like.’ Per Ademola C.J.N
2. ‘It is of the utmost importance however that the enquiry must be in accordance with the principles of natural justice.’ Per Ademola C.J.N
3. ‘The accused person must know the name of his accuser and all what he said about him before it could be said that he was given a full opportunity of exculpating himself.’ Per Ademola C.J.N
CASES CITED
1. R. v. Central Tribunal Ex pane Parton 32 T.L.R. 476
2. R. v. City of Melbourne, Ex Pane Whyte (1949) Victorian Law Rep. 257
3. local Government Board v. Arlidge [1915] A.C. 120 at page 132
4. Byrne v. Kinematograph Renters Society Ltd and another [1958] 2 All E.R. 579 at 599
5. Kanda v. Government of the Federation of Malaya [1962] A. C. 322 Russell v. Duke of Nor-folk and others [1949]1 All E.R. 109 at page 118
STATUTES REFERRED TO
