May 25, 2025
Legalpedia Citation: (2010) Legalpedia (SC) 71111 In the Supreme Court of Nigeria Fri Jun 11, 2010 Suit Number: SC. 104/2006 CORAM FRANCIS FEDEDO TABAI , JUSTICE, SUPREME […]
CORAM
FRANCIS FEDEDO TABAI , JUSTICE, SUPREME COURT
OLUFUNLOLA OYELOLA ADEKEYE , JUSTICE, SUPREME COURT
PARTIES
EX-CAPT CHARLES C. EKEAGWU APPELLANTS
THE NIGERIAN ARMY
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was a captain in the Nigerian Navy and was investigated over an alleged 9 million naira missing from the Navy’s account. He was charged to a special military tribunal which acquitted and discharged the appellant. He was redeployed and later dismissed from service. The dismissal was successfully challenged at the High Court. However he was still compulsorily retired from the Navy culminating in the institution of the suit resulting in the instant further appeal.
HELD
Appeal allowed in terms of payment of 6months salary in lieu of notice and retirement benefits
ISSUES
None
RATIONES DECIDENDI
ISSUES TO CONSIDER IN WRONGFUL TERMINATION OF EMPLOYMENT
“It is important to remind us that in an action for wrongful termination/dismissal/retirement only two primary issues call for determination. These are
(1) Whether the termination/dismissal/retirement of the plaintiff is wrongful, And
(2) What is the measure of damages recoverable where the termination/dismissal/retirement is found to be wrongful.” Per Onnoghen J.S.C
WHAT TO CONSIDER WHEN PARTY SEEKS REINSTATEMENT
“Where a plaintiff seeks the relief of reinstatement which relief is granted, the issue of Measure of damages for wrongful termination/dismissal/retirement becomes irrelevant.” Per Onnoghen J.S.C
CASES CITED
None
STATUTES REFERRED TO
1. Chapter 09J) 2 of the l-Harmonized Terms and Conditions or Service of the Nigerian Armed Forces