Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ABEREOLA & ANOR
V.
TOYE & ORS

(2012) JELR 38941 (CA)    

Court of Appeal  ·  CA/EK/9/2011 ·  5 Jun 2012 ·  Nigeria
CORAM
SOTONYE DENTON-WEST JCA CHIDI NWAOMA UWA JCA TOM SHAIBU YAKUBU JCA

Ratio Decidendi

Core Terms Beta
3rd respondent
learned trial judge
audit committee
1st appellant
committee
2nd appellant
alternative relief
fair hearing
brief of argument
criminal offence
lower court
congress of the 3rd respondent
said committee
2nd appellants
motor vehicle
criminal allegation
financial position
part of exhibit
respect of the 2nd appellant
a-b
close of evidence viva voce
contract of employment
c.s.c edo-state
death of the late president of the 3rd respondent
decision of the court
d-f. mr. omotoso
ekiti state high court of justice
first appellant
following reliefs
former president of the 3rd respondent
leading judgment
manager of the third respondent
money of the 3rd respondent
mr. adabembe
mr. taiwo ogunmoroti
para d-e
principle of fair hearing
purported recommendation of the audit committee suspending
recommendation of the audit committee
recommendation of the said audit committee
records of societies
reliefs c
respondent mr. emmanuel bamidele omotoso
said congress
services of an employee
staff conditions of service of the 3rd respondent
treasurer of the third respondent
vital issue

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): The first appellant was a staff and Manager of the third respondent whilst the 2nd appellant was a member and treasurer of the third respondent. A former President of the 3rd respondent had passed on in what appeared to be in some uncertain circumstances. The 3rd respondent set up a committee to look into it. The 3rd respondent also mandated the same committee to pry into her financial position. The said committee was named as Audit Committee. Some persons were summoned who appeared before the aforementioned committee which heard them and at the end, it issued its report which found the 1st and 2nd appellants wanting in the discharge of their duties as Manager and treasurer, respectively. The said committee recommended that the 1st and 2nd appellants be relieved of their positions. The congress of the 3rd respondent accepted the recommendation of the audit committee and at her meeting on 22nd June, 2000 approved that 1st app…

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