GOVERNMENT OF ANAMBRA STATE V. DR. SAM OJI
July 15, 2025ALHAJI R.B. BAKARE VS THE ATTORNEY-GENERAL OF THE FEDERATION
July 15, 2025Legalpedia Citation: (1990-09) Legalpedia 26186 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Sep 7, 1990
Suit Number: SC 46/1989
CORAM
M.L. UWAIS – JUSTICE, SUPREME COURT
S. KAWU – JUSTICE, SUPREME COURT
S.M.A. BELGORE – JUSTICE, SUPREME COURT
M.L.UWAIS – JUSTICE, SUPREME COURT
A.B. WALI – JUSTICE, SUPREME COURT
M.L. UWAIS, JUSTICE SUPREME COURT
S. KAWU, JUSTICE SUPREME COURT
S.M.A. BELGORE, JUSTICE SUPREME COURT
A.G.O. AGBAJE, JUSTICE SUPREME COURT
A.B. WALI, JUSTICE SUPREME COURT
PARTIES
A.B. WALI
APPELLANTS
DR. J.O. AMODE
RESPONDENTS
AREA(S) OF LAW
LABOUR LAW- MASTER/SERVANT RELATIONSHIP – WHETHER FAILURE TO PLEAD THE CONTRACT OF SERVICE OR LETTER OF APPOINTMENT IS FATAL TO THE CASE OF SERVANT SUING FOR WRONGFUL TERMINATION OF EMPLOYMENT.
SUMMARY OF FACTS
The appeal was brought against the judgment of the court of appeal which set aside the judgment of the trial court which had earlier granted the reliefs of the plaintiff /appellant.
HELD
Appeal dismissed.
ISSUES
1. What was the plaintiff/appellant’s case and the defendants case?
2. Whose duty it was to show that there was a legitimate authority who could direct the 1st defendant/respondent to write Exhibit I to the plaintiff/appellant.
3. Was the statement of claim sufficient to ground judgment in favour of the plaintiff/appellant?
4. Was the evidence adduced by the plaintiff/appellant enough to ground judgment in favour of the plaintiff/appellant?
RATIONES DECIDENDI
CONTENT OF PLEADINGS
“The law is that where written pleadings are applicable, such pleadings shall contain a statement of material facts, in a summary form on which a party intends to rely. Where particulars are necessary, the pleadings shall contain such necessary particulars” (Per A.B.WALI, JSC.)
WHEN A PARTY COMPLAINS OF WRONGFUL DISMISSAL
“I hold the view that when a party complains of wrongful dismissal or that the termination of his appointment is null and void, he is invariably alleging that there is a breach of the contract of service. A contract of service may be for a term or years, that is, for a specified period, or at pleasure, or for an definite period which can only be terminated on certain occurrences. The employee may be a permanent staff or on probation or simply on contract.”
(Per A.B.WALI, JSC. quoting Akpata JCA who gave the lead judgment at the Court of Appeal)
CASES CITED
1. Olatunbosun v NISER Council (1988) 3.NWLR (Pt. 80) 25.
2. Eliasu v. Disu & Ors (1962)1 SCNLR 361,’ (1962)1 All N.L.R.214
3. Domingo Paul v. George (1959)4 FSC 198, (1959) SCNLR 510.
4. The National Investment Properties Co Ltd. v. The Thompson Organization Ltd. & Ors. (1969)
5. Kodilinye v. Odu N.M.L.R. 99.
6. Ayodele James v. Midmotors Nig. Ltd. (1978) 11-12S.C.31.
STATUTES REFERRED TO
1. The Interpretation Law of the Laws of Northern Nigeria 1963 applicable in Kwara State.
2. Kwara State College of Technology Edict 1972Law No.2 of 1979.
3. Kwara State Statutory Corporations (Miscellaneous Provisions) Law, 1979.
4. The Evidence A
