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CHRISTIAN S.I. IWUJI V FEDERAL COMMISIONER OF ESTABLISHMENT & ORS

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CHRISTIAN S.I. IWUJI V FEDERAL COMMISIONER OF ESTABLISHMENT & ORS

Legalpedia Citation: (1985) Legalpedia (SC) 91626

In the Supreme Court of Nigeria

Fri Apr 19, 1985

Suit Number: SC. 15/1984

CORAM


OKAY ACHIKE JUSTICE, SUPREME COURT

ESO, JUSTICE, SUPREME COURT

COKER, JUSTICE, SUPREME COURT

KARIBI-WHYTE, JUSTICE, SUPREME COURT

SAIDU KAWU, JUSTICE, SUPREME COURT


PARTIES


CHRISTIAN S.I. IWUJI APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The Appellant in a letter dated 8th December, 1970, applied to the Government of the former East Central State for study leave without pay to enable him to pursue the course of study. The Government of the former East Central State terminated his appointment due to his absenting from work


HELD


APPEAL DISMISSED


ISSUES


None


RATIONES DECIDENDI


ADHERANCE TO THE LAW BY THE TRIBUNAL


“It is axiomatic that when a tribunal sits to administer justice, it must act in accordance with the law. Parliament clearly so intended. If the tribunal does not observe the law, what is to be done? The remedy by certiorari is hedged round by limitations and may not be available. Why, then, should not the court intervene by declaration and injunction? If it cannot so intervene it would mean that the tribunal could disregard the law, which is a thing no one should do in this country LORD DENNING L.J, PER ESO J.S.C


CASES CITED


Bernard v. National Dock Labour Board (1953) 2 Q.B.D.18 d p.41


STATUTES REFERRED TO



CLICK HERE TO READ FULL JUDGMENT

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