FRANCIS SHANU & ANOR VS AFRIBANK NIGERIA PLC
June 25, 2025DR. RASAKI OSHODI & ORS VS YISA OSENI EYIFUNMI & ANOR
June 25, 2025Legalpedia Citation: (2000-07) Legalpedia 20514 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Sun Jul 23, 2000
Suit Number: SC 47/1995
CORAM
O. ACHIKE, JUSTICE SUPREME COURT
U.A. KALGO, JUSTICE SUPREME COURT
S.O. UWAIFO, JUSTICE SUPREME COURT
E.O. AYOOLA, JUSTICE SUPREME COURT
A.B. WALI, JUSTICE SUPREME COURT
PARTIES
PSYCHIATRIC HOSPITALS MANAGEMENT BOARD
APPELLANTS
E. O. EJITAGHA
RESPONDENTS
AREA(S) OF LAW
ADMINISTRATIVE LAW – CONTRACT OF EMPLOYMENT
SUMMARY OF FACTS
By a letter dated 22 July, 1987, the respondent was dismissed from the service by the appellant. He contested this in court and the dismissal was declared null and void. Consequently, he was reinstated to his position in the service. But shortly after, the respondent was served with a letter dated 4 December, 1990 by the appellant compulsorily retiring him from the service.
HELD
The court held that the purported compulsory retirement was null and void as the appellants has not complied with statutory provisions for retiring a public servant before his retirement age.
ISSUES
(a) whether the Pensions Act of 1979 applies to and governs the mode of compulsory retirement of the respondent from the service.
(b) whether the respondent was validly compulsorily retired from the service in accordance with the relevant provisions of the Pensions Act
RATIONES DECIDENDI
STATUTORY PROCEDURES FOR COMPULSORY TERMINATION OF EMPLOYMENT MUST BE STRICTLY ADHERED TO
“Besides, there are strict procedural requirements that must be observed under the said Decree No. 92 of 1979, Section 13, in the case of an officer of the respondent’s cadre which were not if it had been a case of termination of appointment. It is very well settled that unless those conditions are followed, such a termination is invalid:”….UWAIFO JSC
WHERE AN EMPLOYER OF PUBLIC SERVANT COMPULSORILY RETIRES AN EMPLOYEE FROM OFFICE, THE BURDEN OF PROOF RESTS ON THE EMPLOYER AND NOT THE EMPLOYEE
“I think this legal faux pas must be corrected at once. To force a public servant into retirement, that is, before he gets to his retirement could, admittedly, be due to a variety of reasons including ill-health, redundancy, reorganisation, retrenchment, unproductivity etc., or even upon contractual or regulatory powers conferred on and exercised by the employer. When an employer relies on one or more of these reasons, he would be expected to have facts or the law in support. The burden is on him to satisfy the court on this. To place the burden of proof wrongly on a party will usually lead to a miscarriage of justice…”UWAIFO JSC
CASES CITED
1. Olaniyan v. University of Lagos (No. 2) (1985) 2 NWLR (pt. 9) 599;
2. Eperokun v. University of Lagos (1986) 4 NWLR (pt. 34) 162;
3. Olatunbosun v. NISER Council (1988) 3 NWLR (pt. 80) 25;
4. U.N.T.H.M.B. v. Nnoli (1994) 8 NWLR (pt. 363) 376,
5. Onobruchere v. Esegine (1986) 1 NWLR (pt. 19) 799; (1986) 2 SC 385.
STATUTES REFERRED TO
1. Psychiatric Hospital Management Board Act 1979
2. Government Notice No. 455 published in the Federal Republic of Nigeria Official Gazette No. 24, vol. 68 of 21 May, 1981
