PETER ORISAKWE V. THE STATE
June 11, 2025CHIEF EMMANUEL EBRI V THE STATE
June 11, 2025Legalpedia Citation: (2004) Legalpedia (SC) 01211
In the Supreme Court of Nigeria
Fri May 21, 2004
Suit Number: SC. 82/2000
CORAM
SALIHU MODIBBO JUSTICE, SUPREME COURT
ALFA BELGORE JUSTICE, SUPREME COURT
DENNIS ONYEJIFE EDOZIE JUSTICE, SUPREME COURT
PARTIES
FRANCIS C. ARINZE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was dismissed from employment on several grounds of gross misconduct bothering on criminality; he had been given queries but refused to answer. ?
HELD
The Court held that an Employer has the right to summarily dismiss an employee for acts of gross misconduct which borders on criminality without first prosecuting the employee for the alleged crime in a court of law. ?
ISSUES
Whether the Appellant’s constitutional right to fair hearing was not breached by the Respondent who on its own found the Appellant guilty/liable and proceeded to summarily dismiss him, without more, when the appellant has not admitted the alleged acts of gross-misconduct against him which acts bordered on criminal offences and whether the Court below was correct to have held that the dismissal met the requirement of fair hearing.
RATIONES DECIDENDI
CASES CITED
1. Federal Civil Service Commission and Others V. J. O. Laoye (1989) 2 NWLR (Pt 106) 652) or 2. Garba V. University of Maiduguri (1986) 1 NWLR (P. 18) 550.3. Ojengbede V. Esan (2001) 18 NWLR (Pt. 746) 771 (2001) 1 SCM, 187; 4. Abidoye V. Alawode (2001) 6 NWLR (Pt. 709) 463 (2001) 4 SCM; 5. Nigerian Engineering Works Ltd. vs Denap Ltd. (2001) 18 NWLR (Pt. 746) 726 (2002) 2 SCM, 68; 6. Obasohan V. Omorodioh (2001) 13 NWLR (Pt. 729) 206), (2001) 10 SCM, 79?
STATUTES REFERRED TO
None.
