JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment):
This is an appeal against the judgment delivered on 17th October, 2007 in Federal High Court sitting at Osogbo, Osun State. The Appellant was the Defendant at the Lower Court. The Respondent was the plaintiff.
The claim of the Respondent at the lower Court was for the following:
1. A declaration that the termination of the plaintiff's employment is ultra vires, unfair, unjust, wrongful, in breach of his constitutional right of fair hearing bearing the rules of natural justice and pro tanto a nullity.
2. An order re-instating the plaintiff to his employment and paying him all his entitlements and due promotions from the date of the illegal termination.
The facts of the case are short. According to the Respondent, he was employed on the 8th August 1994 as a Road Marshal by the Appellant. He was promoted once.
On 21st September, 2005 he led a team to Ilesa - Osogbo highway. At about 5.30pm, he told the driver of their vehicle to fo…