CORAM

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OYEBISI FOLAYEMI OMOLEYE (PJ), JUSTICE, COURT OF APPEAL

BIOBELE ABRAHAM GEORGEWILL, JUSTICE, COURT OF APPEAL

FREDERICK OZIAKPONO OHO, JUSTICE, COURT OF APPEAL

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PARTIES

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DR. O. M. AGADAS

APPELLANTS 

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1. THE FEDERAL MINISTRY OF HEALTH

2. THE ATTORNEY GENERAL OF THE FEDERATION

RESPONDENTS 

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AREA(S) OF LAW

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APPEAL, COURT, LABOUR LAW, LAW OF EVIDENCE, PRACTICE AND PROCEDURE

 

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SUMMARY OF FACTS

The Appellant was initially offered a temporary appointment as an Obstetrics/Gynecologist at the Federal Medical Centre (FMC), Asaba, Delta State on 4/1/2000 and his appointment was subsequently confirmed. By 2006, he had risen to the position of Head of Clinical Services and Training, as well as Chairman Medical Advisory Committee of the F.M.C; by mid 2006, several maternal deaths were recorded at the F.M.C and one of them particularly attracted media attention because the deceased Patient was related to a highly placed official in the Government of Delta State. As a result, the Medical Director of the Medical Centre took special interest and thereby forwarded a report of the incident to the Federal Minister of Health, the supervising Minister of the Medical Centre. Hence, the 1st Respondent set up a Five Man Committee to look into the circumstances that led to the maternal deaths and make appropriate recommendations.  According to the Committee, the maternal death that attracted media attention was that of a 44 years old hypertensive and diabetic patient who died while undergoing a cesarean section to deliver a set of triplets under one Dr. Osayande, a Consultant at the Federal Medical Centre. Though all the three cases investigated by the Committee none involved the direct personal involvement of the Appellant as the operating medical personnel. At the completion of its assignment, the Committee submitted its report and recommendations to the 1st Respondent, the 1st Respondent consequently issued a letter directing that the Appellant should be retired from the Public Service immediately.  In response, the Appellant commenced the action before the Federal High Court, Benin Judicial Division by means of an Originating Summons to challenge his wrongful retirement. The trial Court at the end of the trial, dismissed the Appellant’s claim for lacking in merit  Dissatisfied with the said judgment, the Appellant had appealed against it to the Court of Appeal, Benin Division vide his Notice of Appeal containing 4 Ground of Appeal.

 

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HELD

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Appeal Dismissed

 

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ISSUES

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1. Whether the Appellant was entitled to relief for the alleged wrongful termination of his employment when he has failed to prove the same?

2. Whether the Federal Medical Centre, Asaba is a creation of Statute?

 

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RATIONES DECIDENDI

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CASES CITED

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None

 

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STATUTES REFERRED TO

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Constitution of the Federal Republic of Nigeria, 1999(as amended)

 

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