JUMARE MAIWADA KOFAR JATAU VS INNO MOHAMMED MAILAFIYA
July 1, 2025OJINI V. OGO OLUWA MOTORS NIGERIA LTD
July 1, 2025Legalpedia Citation: (1998) Legalpedia (SC) 11111
In the Supreme Court of Nigeria
Thu Jan 8, 1998
Suit Number: SC. 141/1991
CORAM
DENNIS ONYEJIFE EDOZIE, JUSTICE, SUPREME COURT
S.M.A. BELGORE – JUSTICE, SUPREME COURT
E.O. OGWUEGBU – JUSTICE, SUPREME COURT
U. MOHAMMED – JUSTICE, SUPREME COURT
A.I. IGUH – JUSTICE, SUPREME COURT
PARTIES
THE COUNCIL OF FEDERAL POLYTECHNIC, MUBI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant is a creation of statute, the respondent is a senior employee of the Appellant. The Respondent and one other senior employee were suspected of masterminding the circulation of an anonymous letter that was regarded as offensive hence, the Respondent was terminated from the Appellant’s employment by a letter dated 9th January, 1987.
HELD
The appeal was dismissed and the concurrent judgments of the lower courts was affirmed.
ISSUES
1. Whether the Court of Appeal was right when it held that the onus of proving the conditions of service of the Plaintiffs/Defendants lay on the Defendant/Appellant.2. Whether the Court of Appeal was right when it held that The Federal Polytechnic Decree 1979 (Decree No. 33 of 1979) was the applicable law to the cause of action
RATIONES DECIDENDI
AUDI ALTERAM PARTEM MUST BE COMPLIED WITH IN ALL TRIALS
“In all trials, whether judicial or administrative, the person against whom a complaint is laid must be heard in compliance with the principles of audi alteram patem.” Belgore, JSC.
STATUTORY PROVISIONS TO BE COMPLIED WITH IN REMOVING OFFICERS
“in all the institutions setup by statute it is incumbent that the statutory provisions be adhered to when it comes to removal of its officers from office because the institution owe their existence to their statutes and must abide by the statutory provisions governing them. Removal from office is not impossible once the statutory provisions are adhered to in carrying out the exercise.” Belgore, JSC.
CASES CITED
1. Olaniyan & Ors. v. University of Lagos (1985) 2 NWLR (Pt. 9) 5992. Eperokun & Ors. v. University of Lagos (1986) 4 NWLR (Pt. 34) 1623. Shitia-Bay v. Federal Civil Service Commission (1981)1 SC 404. Aiyetan v. NIFOR (1987) 3 NWLR (Pt. 59) 485. Olatunbosun v. NISER (1988) 3 NWLR (Pt. 80) 256. Federal Civil Service Commission v. Laoye (1989) 2 NWLR (Pt. 106) 652.
STATUTES REFERRED TO
Federal Polytechnics Act,
