SAMUEL ADIGUN VS I.O. AYINDE & ORS
July 9, 2025CHIEF J. A. OJOMO VS INCAR (NIG.) LTD.
July 9, 2025Legalpedia Citation: (1993-09) Legalpedia 87214 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Thu Sep 30, 1993
Suit Number: SC.85/1989
CORAM
M.L. UWAIS JUSTICE, SUPREME COURT
S. KAWU JUSTICE, SUPREME COURT
A.B. WALI JUSTICE, SUPREME COURT
I.L. KUTIGI JUSTICE, SUPREME COURT
S.U.MOHAMMED. JUSTICE, SUPREME COURT
PARTIES
NYONG EMMANUEL OBOT
APPELLANTS
CENTRAL BANK OF NIGERIA
RESPONDENTS
AREA(S) OF LAW
LAW OF CONTRACT—WRONGFUL DIMISSAL— APPEAL
SUMMARY OF FACTS
The appellant/plaintiff was a staff of the respondent/defendant was dismissed after 21 years of service based on the findings and subsequent recommendations by the Disciplinary Committee into allegations of misconduct which was not in the interest of the Organisation. He was not present when 8 of the 9 witnesses testified against him.
HELD
The Court held that the appellant was wrongly dismissed by the respondent. The appellant is entitled to general damages assessed at N991.67k being payment of one month’s salary in lieu of notice. The appellant is entitled to pension and gratuity as damages to be worked out by the respondent on the basis of the formula stated above.
ISSUES
RATIONES DECIDENDI
ELEMENT OF FAIR-HEARING
One of the essential elements of fair hearing is that the body investigating the charge (in this case of misconduct) must not receive evidence on representation behind the back of the person being investigated. Per Oputa JSC
MEASURE OF DAMAGES IN A CLAIM FOR WRONGFUL DISMISSAL
In a claim for wrongful dismissal the measurement of damages is prima facie the amount that the plaintiff would have earned had the employment continued according to contract. Per Uwais JSC
CASES CITED
1. Akeredolu v. Akinremi (1989) 3 NWLR (Pt.108) 164 at p.172 F-G
2. Williamson v. London & North Western Rly Company (1879) 12 Ch.D. 787 at p.794
3. Hall v. Eve (1876) 4 Ch.D. 341
4. Aiyetan v. NIFOR (1987) 3 NWLR (Pt.59) 48
5. Olatubosun v. NISER Council (1988) 3 NWLR (Pt.80) 25
6. Adigun v. A.-G. of Oyo State (1987) 1 NWLR (Pt. 53) 678 at p.709F
7. Nigerian Marketing Board v. Adewunmi (1972) 11 SC 111 at p.117; (1972) NSCC 662 at p.665
8. Denmark Production Ltd. v. Boscobel Productions Ltd. (1968) 1 All ER 513 at p.524
9. English Exporters (London) Ltd. v. Ayanda (1973) NSCC 123 at p.126
STATUTES REFERRED TO
1. High Court Rules of Cross River State
