ADONE V. IKEBUDU
June 20, 2025SPARKLING BREWERIES LIMITED V UNION BANK OF NIGERIA LIMITED
June 20, 2025Legalpedia Citation: (2001) Legalpedia (SC) 07121
In the Supreme Court of Nigeria
Fri Jul 13, 2001
Suit Number: SC. 109/96
CORAM
ADOLPHUS GODWIN KARIBI-WHYTE,JUSTICE, SUPREME COURT
ANTHONY IKECHUKWU IGUH JUSTICE, SUPREME COURT
EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT
PARTIES
SAMSON BABATUNDE OLANREWAJU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant’s employment was dismissed by the respondent in a letter which stated no reason. The terms of employment gave power to the respondent to dismiss for gross misconduct which was proved at trial.
HELD
The court dismissed the appeal.
ISSUES
1. Whether the several acts of appellant constituting operational Banking malpractices, operational Banking irregularities and dishonest practices are synonymous with “fraud” in its strict criminal sense.2. In the alternative that the appellant committed “fraud” in its strict sense, whether the respondent was not at liberty to dismiss him in view of the contents of exhibits “C”, “W” and “Y”.3. Whether the collective agreement exhibit “W” was binding on the parties.
RATIONES DECIDENDI
CONDITION PRECEDENT TO DISMISSAL OF EMPLOYEE FOR GROSS MISCONDUCT
Where therefore an employee has been found guilty by a disciplinary committee of any of the gross-misconducts highlighted in the contract of employment, the master has a choice either to exercise his or its discretion in favour of prosecuting the erring servant or dismissing him summarily as in the instant case. In other words prosecution before a court of law, in the circumstances, is not a sine qua non for summary dismissal- Katsina-Alu J.S.C.
RIGHT OF EMPLOYER TO TERMINATE CONTRACT OF SERVICE
The law regarding master and servant is not in doubt. Under this class of employment there cannot be specific performance of a contract of service. The master has the power to terminate the contract with his servant at any time and for any reason or for none- Katsina-Alu J.S.C.
CASES CITED
1. Alhaji Yusuf v. Union Bank of Nigeria Ltd. (1996) 6 NWLR (Pt. 457) 6762. Delta State Law Report (Pt. 1) 31 Olaniyan v. University of Lagos (supra);3. Shitta Bay v. Federal Public Service Commission (1981) 1 SC 40
STATUTES REFERRED TO
NONE
