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OMAGBEMI
V.
FBN

(2021) JELR 107153 (CA)

Court of Appeal 7 May 2021 Nigeria
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- This case is an appeal against the judgment of the National Industrial Court of Nigeria, which dismissed the claimant's claim. - The claimant argued that his dismissal was outside the purview of the Employees Handbook and therefore illega

Case Details

Suit Number:CA/E/487/2016
Judges:Mohammed Ambi-Usi Danjuma, JCA James Shehu Abiriyi, JCA Muhammed Lawal Shuaibu, JCA
Counsel:L. C. Izuogu For the Appellant; M. A. Maurice For the Respondent.

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the National Industrial Court of Nigeria, sitting in Enugu coram Hon. Justice R. B. Haastrup delivered on 26th June, 2014 dismissing the claimant’s claim.

The appellant before this Court was the claimant before the trial Court while the respondent herein was the defendant. The claims of the claimant now appellant was that since his summary dismissal by the respondent is outside the purview of the Employees Handbook which is the contractual document, the said dismissal is ultra –vires, illegal, null and void and of no effect whatsoever. In paragraph 46 of the statement of fact at pages 16 and 17 of record of appeal, appellant prayed for the following reliefs before the trial Court: -

1. Declaration that the 36 months suspension is illegal, inhuman and contrary to Employee Hand book (Exhibit “A”) and again preposterous.

2. Declaration that the suspension and dismissal of the claimant is…

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