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ADENIYI
V.
GOVERNING COUNCIL OF YABA COLLEGE OF TECHNOLOGY

(1993) JELR 43286 (SC)

Supreme Court 16 Jul 1993 Nigeria
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- The case involves the compulsory retirement of a Deputy Registrar without fair hearing. - The legal issues include the scope of fair hearing, exercise of disciplinary powers by a statutory body, and whether accepting retirement benefits c

Case Details

Suit Number:SC.197/1990
Judges:ADOLPHUS GODWIN KARIBI-WHYTE JSC SALIHU MODIBBO ALFA BELGORE JSC ABUBAKAR BASHIR WALI JSC OLAJIDE OLATAWURA JSC IDRIS LEGBO KUTIGI JSC
Counsel:Chief G.N. Uwechue, P.O. Uwechue & J. N. Mbadugha For the Appellant; Seyi Sowemimo &. B.A. Sodipo For the Respondent.
Other Citations:Adeniyi v. Gov. Council, Yaba (1993) NWLR (Pt.300) 426 (1993) 7 SCNJ 304

KARIBI-WHYTE, J.S.C. (Delivering the Leading Judgment): On the 10th day of March, 1987, Famakinwa J, of the High Court of Lagos State sitting in Lagos, dismissed appellant's application for the enforcement of his fundamental rights against the respondent for retiring him compulsorily from his office as Deputy Registrar, without fair hearing. On the 5th day April, 1989 his appeal to the Court of Appeal, Lagos Division was dismissed. The appeal before us is against the judgment of the Court of Appeal.

The legal issues involved in this appeal, though not primae impressionis are of momentous constitutional and administrative importance. They involve a determination of the scope of the observance of the well settled concept of fair hearing where a statutory body is called upon to exercise its statutory powers in enforcing the recommendations of an investigative tribunal. Also involved is the determination of how a statutory body is to exercise its enabling disciplinary powers in respect of…

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