Just Decided Cases

CENTRAL BANK OF NIGERIA & ANOR V MRS. AGNES M. IGWILLO

Legalpedia Citation: (2007) Legalpedia (SC) 14101

In the Supreme Court of Nigeria

Fri May 4, 2007

Suit Number: SC.83/2002

CORAM


SYLVESTER UMARU ONU, CHIEF JUSTICE, NIGERIA

SYLVESTER UMARU ONU, CHIEF JUSTICE, NIGERIA

SYLVESTER UMARU ONU, CHIEF JUSTICE, NIGERIA

SYLVESTER UMARU ONU, CHIEF JUSTICE, NIGERIA


PARTIES


1. CENTRAL BANK OF NIGERIA

2. ALHAJI SAIDU MOHAMMED.

APPELLANTS 


 MRS. AGNES M. IGWILLO

RESPONDENTS 


AREA(S) OF LAW



SUMMARY OF FACTS

The plaintiff filed an action at Lagos High Court for a declaration that the termination of his appointment with the 1st appellant is wrongful, illegal and unconstitutional. The trial Judge held that there was no merit in the plaintiff’s claim and the Suit was dismissed. He appealed to the Court of Appeal which allowed the appeal. The appellants filed an appeal against the said verdict to Supreme Court.


HELD


The court held that there was no merit in the appeal and therefore affirmed the decision of the Court of Appeal.


ISSUES


1. Whether the court below was right when it looked beyond the terms of the contract of employment and the evidence on record in deciding the issue whether the termination of the respondent’s contract of employment with the 1st appellant was wrongful.2. Whether the respondent, was entitled to reinstatement to his former post, in the circumstance of this case


RATIONES DECIDENDI


CASES CITED


1. Agbo v. CBN (1996) 10 NWLR (Pt. 478) 360 2. Agbo v. Central Bank of Nigeria (1996) 10 NWLR (Pt. 478) 360 3. Bijou (Nig.) Ltd, v. Osidarohwo (1992) 6 NWLR (Pt.249) 463 4. Chief Arubo v. Aiyeleru & 5 Ors. (1993) 2 SCNJ 90 5. Edet v. Chief of Army Staff (1994) 2 NWLR (Pt. 324) 41 6. Ewerami v. A.C.B. Ltd. (1978) 4S.C.99 ?


STATUTES REFERRED TO


1. Section 6 of Chapter 5 of the Staff Manual

2. Section 149 of the Evidence Act.

3. Section 5 of Chapter 5 of the Staff Manual

 


CLICK HERE TO READ FULL JUDGMENT

Esther ORIAH

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