ISHOLA-WILLIAMS VS T. A. HAMMOND PROJECTS LTD
July 18, 2025J. B. OGBECHIE & OTHERS VS GABRIEL ONOCHIE AND OTHERS
July 18, 2025Legalpedia Citation: (1988-02) Legalpedia (SC) 61832
In the Supreme Court of Nigeria
Fri Feb 26, 1988
Suit Number: SC. 128/1986.
CORAM
ESO JUSTICE, SUPREME COURT
AKPATA JUSTICE, SUPREME COURT
PARTIES
SAIDU GARBA
APPELLANTS
FEDERAL CIVIL SERVICE COMMISSION & ANOR
RESPONDENTS
AREA(S) OF LAW
CIVIL PROCEDURE – TERMINATION OF EMPLOYMENT – CONSTRUCTION OF STATUTES – CONTRACT OF EMPLOYMENT
SUMMARY OF FACTS
As a result of the inferno which took place in Necom House building in Lagos. The Appellant, who was a fireman, claimed he put out the fire, while the Respondents denied that he performed the feat. a week after the fire incident, He was arrested and charged with murder. The Appellant, brought an application before the High Court, to have the indictment quashed and the indictment was quashed on 21st February, 1983, he was interdicted and this interdiction was renewed in yet another letter.
HELD
That the act of dismissal of the Appellant while the action was still pending is patently illegal and void.
ISSUES
1. Whether Section 3(3) of Decree No. 17 of 1984 can operate to affect proceedings commenced and pending in court before the commencement date of the Decree.
2. Whether the Decree No. 17 of 1984 covers interdiction of a public officer.
3. Can an employer, during the pendency of an action by its employee for unlawful interdiction lawfully dismiss the employee?
4. Whether the letter of dismissal of the Appellant Exhibit CA1 was valid in law.
5. Whether the Court of Appeal was right in failing to consider the issue of the validity of the order of reinstatement of the Appellant made by the trial Judge.
RATIONES DECIDENDI
MILITARY RULE
‘The military in coming to power is usually faced with the question as to whether to establish a rule of law or rule of force. While the latter could be justifiably a rule of terror, once the path of law is chosen the mighty arm of government, the militia which is an embodiment of legislature and executive, must in humility bow to the rule of law thus permitted to exist.’ Per. KAYODE ESO J.S.C
CASES CITED
Governor of Lagos State v. Ojukwu (1986) 1 NWLR (Pt. 18) 621
Stone v. Yeovil Corporation (1896) 1 CPD. 691
Virginia v. Tennessee, 148 U.S. 503
Bronik Motors Ltd. v. Wema Bank Ltd. (1983) 1 SCNLR. 296
STATUTES REFERRED TO
Decree No. 1 of 1984, Constitution (Suspension and Modification) Decree,
Constitution of the Federal Republic of Nigeria 1979
