PA A.K.Y. BALOGUN & 3 ORS V ALHAJA SHIFAWU ODE & 2 ORS
June 4, 2025JIMOH GARUBA VS. ISIAKA YAHAYA
June 4, 2025Legalpedia Citation: (2007) Legalpedia (SC) 87855
In the Supreme Court of Nigeria
Fri Jan 26, 2007
Suit Number: SC. 183 / 2001
CORAM
IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURT
IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURT
IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURT
UMARU ATU KALGO JUSTICE, SUPREME COURT
GEORGE ADESOLA OGUNTADE JUSTICE, SUPREME COURT
UMARU ATU KALGO JUSTICE, SUPREME COURT
IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURT
GEORGE ADESOLA OGUNTADE JUSTICE, SUPREME COURT
IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURT
UMARU ATU KALGO JUSTICE, SUPREME COURT
IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURT
IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURT
IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURT
UMARU ATU KALGO JUSTICE, SUPREME COURT
IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURT
UMARU ATU KALGO JUSTICE, SUPREME COURT
UMARU ATU KALGO JUSTICE, SUPREME COURT
IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURT
UMARU ATU KALGO JUSTICE, SUPREME COURT
IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURT
UMARU ATU KALGO JUSTICE, SUPREME COURT
GEORGE ADESOLA OGUNTADE JUSTICE, SUPREME COURT
OMO JUSTICE, SUPREME COURT
IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURT
IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURT
IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURT
UMARU ATU KALGO JUSTICE, SUPREME COURT
UMARU ATU KALGO JUSTICE, SUPREME COURT
IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURT
IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURT
IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURT
IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURT
IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURT
IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURT
IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURT
IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURT
PARTIES
PATRICK ZIIDEEH APPELLANTS
RIVERS STATE CIVIL SERVICE COMMISSION RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was discharged and acquitted in the magistrate court for the missing 120 bales of stockfish in his care. The appellant was later investigated by a Board of Inquiry that found the appellant negligent but recommended the reinstatement of the appellant to his post. The Respondent terminated the appointment of the respondent.
HELD
The Supreme Court held that the appellant appointment with the respondent was validly terminated
ISSUES
1. Whether the appellant was given a fair hearing as far as the several offences referred to in Exhibit A (the letter of termination) are concerned.
2. Whether the Court of Appeal was right in holding that the appellant never pleaded the Civil Service Rules.
3. Whether the Court of Appeal was right in holding that the appellant did not plead that his appointment was one with statutory flavour
RATIONES DECIDENDI
WHAT IS THE CONSEQUENCE OF A BREACH OF NATURAL JUSTICE
“The consequence of a breach of the rules of natural Justice as contained in section 33(1) of the 1979 Constitution of the Federal Republic of Nigeria is that the decision reached thereby is a nullity and liable to be set aside.” MAHMUD MOHAMMED, JSC
HOW TO PROVE WRONGFUL TERMINATION
“Where an employee complains that his employment has been wrongly terminated, he has the onus, to prove how and in what manner, by the production of the terms and conditions of the contract of service.” I.F. OGBUAGU, JSC
REMEDY FOR WRONGFUL TERMINATION
“The remedy is always, an award of damages where the termination is held to be wrongful. But certainly, not a declaration that the termination (if wrongful), is null and void as appear in claims Nos. 1 and 2 of the Appellant. This is why there cannot be relief for specific performance like an order for re-instatement.” I.F. OGBUAGU, JSC
CASES CITED
1. Adigun v. A.G. of Oyo State (1987) 1 NWLR (Pt. 53) 6782. Mrs. Fakuade v. Obafemi Awolowo University Teaching Hospital Complex Management Board (1993) 5 NWLR (Pt. 291) 42 at 57 – 58: (1993) 6 SCNJ. 353. Olaniyan & 2 Ors. v. University of Lagos & anor. (1985) 2 NWLR (Pt. 9) 599 at 6124. Francis v. Municipal Councillor of Kuala Lumpur (1962) 3 All ER. 633; (1962) 1 WLR 1415. Francis Arinze v. First Bank of Nig. Ltd. (2004) 12 NWLR (Pt. 888) 663; (2004) 5 SCNJ. 183; (2004) 5 S.C (Pt. 1) 160; (2004) 5 S.C.M 35
STATUTES REFERRED TO
None
