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CaseLaw

Ekunola V. CBN & Anor (2005) CLR 7(M) (SC)

Brief

  • Employment with statutory flavour
  • Disciplinary committee
  • Binding contract
  • Interpretation of statute
  • Raising issues suo motu
  • Right of appeal

Facts

This is an appeal against the judgment Sanyaolu J. of the Federal High Court delivered on 30th September, 2003 wherein the learned trial judge dismissed the plaintiffs’ suit against the 1st defendant and struck out the 2nd defendant’s name. In dismissing the suit the court held that the plaintiff failed to discharge the burden of proof placed on him by law to entitle him to judgment on his claim and the 1st defendant complied with the conditions laid down in the staff manual Exhibit D in dismissing him from his employment.

Exhibit E for failure to maintain proper records for the distribution of diesel to other locations. He responded to the query by writing Exhibit F. Later he was invited to appear before the Central Disciplinary Committee (CDC) and thereafter he was suspended from work through Exhibit "G". He was also invited to appear before the Inter Departmental Committee. In February, 2000 he was dismissed from his employment after putting in 34 years of service. He thereafter instituted an action.

The appellant sought reinstatement to the employ of the 1st respondent as well as restraining orders of injunctions and damages for wrongful and illegal termination of contract of employment.

The learned trial judge Sanyaolu J., dismissed the

Issues