CALABAR CENTRAL CO-OPERATIVE THRIFT & CREDIT SOCIETY LTD & ORS V BASSEY EBONG EKPO
May 30, 2025DUWIN PHARMACEUTICAL AND CHEMICAL CO. LTD V BENEKS PHARMACEUTICAL & 2
May 30, 2025Legalpedia Citation: (2008) Legalpedia (SC) 21723
In the Supreme Court of Nigeria
Fri Feb 15, 2008
Suit Number: SC. 256/2002
CORAM
NIKI TOBI, JSC JUSTICE, SUPREME COURT(Dissenting Judgment)
OLUFUNLOLA OYELOLA ADEKOLA, JUSTICE, SUPREME COURT
SUNDAY AKINOLA AKINTAN, JSC JUSTICE, SUPREME COURT (Lead Judgment)
PARTIES
SAMUEL ISHENO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was arrested when the respondent’s property got missing, prosecuted and declared redundant. The trial court dismissed the appellant’s claim for malicious prosecution, defamation false imprisonment, damages for loss of employment. The court of appeal awarded him redundancy benefit.
HELD
The court held (by majority 3:2) that the appellant was entitled to repatriation allowance.
ISSUES
Whether, from the facts established in this case, the respondent could be held liable for acts of the police on the report made to the police in respect of a crime as was in this case
RATIONES DECIDENDI
AN EMPLOYER HAS DISCRETION TO EITHER RETIRE OR DECLARE AN EMPLOYEE REDUNDANT
The employer has a discretion to either declare an employee redundant or retire him in the appropriate case -Akintan J.S.C
MERE INFORMATION TO THE POLICE CANNOT GROUND AN ACTION FOR FALSE IMPRISONMENT
An action for false imprisonment will not lie against a private individual who merely gave information which led the police on their initiative to arrest a suspect -Akintan J.S.C
CASES CITED
1. Bank of West Africa v. Odiatu (1956) L.L.R. 48;
2. Mandilas & Karaberis v. Apena (1969) All N.L.R. 390.
3. Esther Adefunmilayo v. Omolara Oduntan (1958) W.R.N.L.R. 31;
4. Gbajor v. Ogunburegui (1961) All NLR 853
STATUTES REFERRED TO
NONE
