EMMANUEL OKAFOR & 2 ORS V AUGUSTINE NWEKE & 2 ORS
June 4, 2025GOLDEN DIBIE & 2 ORS V THE STATE
June 4, 2025Legalpedia Citation: (2007) Legalpedia (SC) 11121
In the Supreme Court of Nigeria
Fri Mar 9, 2007
Suit Number: SC. 242/2003
CORAM
ALOMA MARIAM MUKHTAR,, JUSTICE, SUPREME COURT
PARTIES
AUGUSTINE MAIKYO
APPELLANTS
1. W. E. ITODO
2. LOCAL GOVT. SERVICE COMMISSION, BENUE STATE
3. J. S. EWACHE
4. AUDITOR-GENERAL, LOCAL GOVT AUDIT, BENUE STATE.
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant/plaintiff brought a suit against the respondents/defendant at the High Court for denying him of fair hearing before his employment was terminated and subsequently converted to retirement. The plaintiffs claim was dismissed in its entirety. An appeal filed against the judgment to the Court of Appeal was also dismissed. The present appeal is from the judgment of the Court of Appeal.
HELD
The Court held that there was no breach of the appellant right to fair hearing. Appeal was dismissed.
ISSUES
“(a) Whether the plaintiff/appellant was given a fair hearing before his appointment was terminated and subsequently converted to retirement, having regard to all the facts and circumstances of this case.
(b) Whether the non-production of the whole of the white paper containing government’s views and recommendations in respect of this case was fatal to the appellant’s case as held by the lower court having regard to the fact that, all facts relevant to this case were admitted in evidence.”
RATIONES DECIDENDI
CASES CITED
Adigun & Ors. v. Attorney-General of Oyo State (1987) SCNJ 118 Agwunna v. Attorney-General of Federation (1995) 5 NWLR (Pt.396) 418Attorney-General of Bendel State. v. Agbofodoh (1999) 2 NWLR (Pt. 592) 476Attorney-General of Federation v. Sode (1990) 1 NWLR (Pt. 128) 500Barclays Bank Nig Ltd v. Central Bank of Nigeria (1976) 1 ALL NLR 409
STATUTES REFERRED TO
Section 1 (1) of the Public Officers’ (Special Provisions) Act, Cap. 381 Laws of the Federation of Nigeria, 1990
Section 3 (3) and (4) of the public officers (special provisions) Act section 149(d) of the Evidence Act
S. 33(1) of the 1979 Constitution of the Federal Republic of Nigeria
