ELIJAH OLADEJI KOSILE VS AMUBA OLANIYI FOLARIN
July 17, 2025NARUMAL & SONS NIGERIA LTD VS NIGER BENUE TRANSPORT COMPANY LTD
July 17, 2025Legalpedia Citation: (1989-04) Legalpedia 85463 (SC)
In the Supreme Court of Nigeria
Holden At Lagos
Fri Apr 21, 1989
Suit Number: S.C. 202/1987
CORAM
NNAMANI, JUSTICE SUPREME COURT
KAWU, JUSTICE SUPREME COURT
KARIBI-WHYTE, JUSTICE SUPREME COURT
AGBAJE, JUSTICE SUPREME COURT
OPUTA, JUSTICE SUPREME COURT
ESO, JUSTICE SUPREME COURT
NNAEMEKA-AGU, JUSTICE SUPREME COURT
PARTIES
FEDERAL CIVIL SERVICE COMMISSION & 2 ORS
APPELLANTS
J. O. LAOYE
RESPONDENTS
AREA(S) OF LAW
EMPLOYMENT LAW / PRINCIPLES OF NATURAL JUSTICE
SUMMARY OF FACTS
The respondent was dismissed from service on the report of criminal misconduct given by the Ministry of External Affairs to the Civil Service Commission who did not investigate the Respondent.
HELD
The court held that the dismissal was a nullity.
ISSUES
1. Whether the decision in Garba and Ors v. The University of Maiduguri (1986)1 N.W.L.R. Part 18 page 550 applies in this case even though there was an allegation of misconduct which would appear to be crime in issue;
2. Whether the dismissal of the Respondent, having regard to all the surrounding circumstances, was in accordance with the provisions of the Federal Civil Service Rules.
3. Whether the dismissal of the Respondent, having regard to all the surrounding circumstances, is in accordance with the rules of natural justice;
4. Whether the Public Service Commission was obliged to comply strictly and literally with the provisions of section 33(1) of the Constitution 1979.
5. Whether the Supremacy of the constitutional provisions as overriding the Rules was given its due recognition and effect;
6. Whether section 33(4) of the Constitution of 1979 is applicable to this case.
RATIONES DECIDENDI
MISCONDUCT BOTHERING ON CRIMINAL ALLEGATIONS: DUTY OF EMPLOYER.
An employee must be given a hearing before he is disciplined and if the allegation is one that touches the commission of a crime, it is only a Criminal Tribunal that could convict him – Eso J.S.C.
CASES CITED
1. Dr. 0. G. Sofekun V. Chief N. 0. A. Akin yemi & 3 Ors. (1980) 5-7
2. Shitta-Bey v. Federal Civil Service Commission (1981)1 S.C. 40
3. Prof Olaniyan & ors. v. University of Lagos & ors. (1985)2 N.W.L.R. (Part 9)599
4. Garba v. University of Maiduguri (1986)1 N.W.L.R. (Pt. 18) 550
5. Adigun & Ors. v. Attorney-General of Oyo State (1987)1 N.W.L.R. (Pt.53) 678
STATUTES REFERRED TO
The 1979 Constitution
