Just Decided Cases

DONGTOE V. CIVIL SERVICE COMMISSION, PLATEAU STATE

Legalpedia Citation: (2001) Legalpedia (SC) 23071

In the Supreme Court of Nigeria

Fri Apr 20, 2001

Suit Number: SC.139 /1995.

CORAM


ADOLPHUS GODWIN KARIBI-WHYTE, JUSTICE, SUPREME COURT

OKAY ACHIKE, JUSTICE, SUPREME COURT

SAMSON ODEMWINGIE UWAIFO, JUSTICE, SUPREME COURT.


PARTIES


RAYMOND S. DONGTOE APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The appointment of Appellant, a permanent and pensionable employee of the Plateau State Government service was terminated by the 1st Respondent on behalf of his employers


HELD


The action brought by Appellant under the Fundamental Rights (Enforcement Procedure) Rules, 1979 against the Respondents is inappropriate. Appeal dismissed with cost.


ISSUES


1)  “Whether the Appellant was right in commencing the proceedings leading to this appeal by an application under the Fundamental Rights (Enforcement Procedure) Rules Cap. 62 Laws of the Federation 1990,in a case of dismissal of employment.2) Whether against the appellant amounted to an allegation of crime he was not entitled to be tried in a Court of law before being subjected to disciplinary proceeding?


RATIONES DECIDENDI


CASES CITED


F.C.S.C. v. Laoye-(1989) 2 NWLR (Pt. 106) 652.”Obikoya v. Registrar of Companies (1975) 4 SC.31Bronik Motors Ltd. v. Wema Bank (1983) 1 SCNLR. 296Timitimi v. Amabebe (1953) 14 WACA. 374


STATUTES REFERRED TO


Section 138(1) of the Evidence Act6(6)(b) of the 1979 ConstitutionS. 42(1),(2) and (3) of the Constitution 1979


CLICK HERE TO READ FULL JUDGMENT

Esther ORIAH

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