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AFRIBANK (NIGERIA) PLC
V.
OSISANYA

(1999) JELR 43709 (CA)

Court of Appeal 22 Nov 1999 Nigeria
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- The respondent was employed by the appellant bank and dismissed in 1987 for alleged fraudulent practices, following a disciplinary process he claimed violated his right to fair hearing under the 1979 Constitution, section 33. - At trial,

Case Details

Suit Number:CA/IL/12/99
Judges:OLUDADE OLADAPO OBADINA Justice of The Court of Appeal of Nigeria PATRICK IBE AMAIZU Justice of The Court of Appeal of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Court of Appeal of Nigeria
Counsel:G. D. Ayabanji, Esq For Appellant Chief Olanipekun, SAN (with him, Dele Ogundele, Esq.) For Respondent
Other Citations:Afribank (Nig.) Plc v. Osisanya (2000) 1 NWLR (Pt.642) 599

AMAIZU, J.C.A. (Delivering the Leading Judgment): The respondent sued the appellant before an Ilorin High Court presided over by Olagunju, J. claiming the following reliefs

"38(i) A declaration that the dismissal of the plaintiff from the services of the defendants as contained in letter reference No. OD/MEN/VOK/PERSONNEL/4835/87 of 12th October, 1987, is wrongful, unlawful, unconstitutional, null and void and of no effect whatsoever.

(ii) A declaration that the decision of the defendant's Senior Staff Disciplinary Committee which culminated in the dismissal of the plaintiff is contrary to the principles of natural justice and a deliberate and calculated infraction of the plaintiff's right of fair hearing as contained in and prescribed by Section 33(1) and (2) of the Constitution of the Federal Republic of Nigeria, 1979. And, therefore null and void and of no effect.

(iii) A declaration that the employment of the plaintiff with the defendant is subsisting notwithstanding the said pur…

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