JOHN KHALIL KHAWAM AND CO VS K CHELLARAM AND SONS (NIGERIA)
September 10, 2025CLEMENT AKRAN VS INSPECTOR GENERAL OF POLICE
September 10, 2025Legalpedia Citation: (1960-03) Legalpedia 03348 (SC)
In the Supreme Court of Nigeria
HOLDEN AT LAGOS
Thu Mar 3, 1960
Suit Number: SC 239/1959
CORAM
ABOTT, JUSTICE SUPREME COURT
BRETT, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
OBUBRA DISTRICT COUNCIL
RESPONDENTS
AREA(S) OF LAW
EMPLOYMENT LAW – LAW OF CONTRACT-DISMISSAL-TERMINATION
SUMMARY OF FACTS
The appellant’s employment was terminated by the respondent. The appellant contends that the termination was invalid in that it was not approved by the minister under the local government law.
HELD
The court held that local government law applies only to cases of dismissal and not termination of employment and that the local government does not need approval for termination of employment.
ISSUES
Whether the termination of the appellant’s employment is valid without the approval of the minister in accordance with the local government law.
RATIONES DECIDENDI
POWER OF EMPLOYER TO DISMISS OR TERMINATE EMPLOYEE’S EMPLOYMENT.
‘the power to enter into a contract of employment implies the power to terminate the contract.’ Per Ademola C.J.F
DISTINCTION BETWEEN ‘DISMISSAL’ AND ‘TERMINATION’.
‘it was not intended that “dismissal” and ‘termination” be used as synonymous words in the Law.’ Per Ademola C.J.F
CASES CITED
Not Available
STATUTES REFERRED TO
Eastern Region Local Government Law, 1955 (No. 26 of 1955)
