CORAM

SYLVESTER UMARU ONU JUSTICE,SUPREME COURT

ALOYSIUS IYORGYER KATSINA JUSTICE, SUPREME COURT

UDOMA, JUSTICE, SUPREME COURT

DENNIS ONYEJIFE EDOZIE JUSTICE, SUPREME COURT

ADESOLA OGUNTADE JUSTICE, SUPREME COURT

PARTIES

E.P. IDERIMA APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The plaintiff was dismissed for alleged negligence and carelessness which resulted in the theft of money in the office.  He was allegedly investigated by the accountant general and not the service commission as provided by the rules.?

HELD

The court held that the there was non-compliance with the procedure for disciplining a Civil Servant of plaintiff’s status as no inquiry was made by the commission and therefore the dismissal was null and void.

ISSUES

1. Whether the non-compliance by the Rivers State Civil Service Commission, with the Civil Service Rules in failing to investigate the allegations of impropriety against the Appellant can be excused by reliance on the report of a Board of Inquiry that does not form part of the Civil Service Rules in terms of personnel, procedure and mission intendment.2. Whether the admission by the Court of Appeal that the trial Judge made a mistake by “treating the matter as if it was a simple case of master and servant” does, not amount to a concession that there was a failure of justice, no consideration having been given to the statutory provisions which gave the appointment of the appellant “a statutory flavour.”?

RATIONES DECIDENDI

CASES CITED

1) Federal Civil Service Commission & ors V. Laoye (1989) 2 NWLR (Part 106) 6522) Otapo V. Sunmonu (1987) 2 NWLR 605; 3) Olatunbosun V. NISER (198B) 3 NWLR (Part 80) 254) Union Bank of Nigeria Limited V. Chukwuelo Charles Ogboh (1995) 2 NWLR (Part 380) 6475) Garba V. FCSC (1988) 1 NWLR (Part 71) 4496) Olaniyan v University of Lagos (1985) 2 N.W.L.R. (Pt.9) 599, [1985] All NLR 363?

STATUTES REFERRED TO

None

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