(2003) JELR 44866 (SC)    

Supreme Court  ·  SC.162/1996 ·  17 Jan 2003 ·  Nigeria
Other Citations
Idoniboye-Obu v. N.N.P.C. (2003) 2 NWLR (Pt.805)589 (2003) 1 S.C (Pt.I) 40 (2003) 1 S.C (Pt.I) 40
Idoniboye-Obu v. N.N.P.C. (2003) 2 NWLR (Pt. 805) 589
MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria
Core Terms Beta
supreme court rules
contract of service
employment of its servants
statutory flavours
short facts of the case
learned trial judge
exhibit b
conditions of service of the respondent
laws of the federation of nigeria
appellant claims
purported termination of his appointment
nigerian national petroleum corporation act
conditions of service of its employees
terms of the letter of appointment
letter ad
lawful determination of his contract of service
said letter
status of statutory provisions
state of the facts of the case
statutory creation
termination of the appellant
court of appeal
tenure of public office
conditions of service
creation of a statute
such special circumstances
main reason
statutory flavour
general law
argument right
common law
leading judgment
mr. ukala
proper procedure
brief of argument
contract of the parties
type of employment
exhibit h
federal government corporation
special circumstances
previous decisions
terms of the conditions of service
lieu of notice
national assembly
issue of retrospective termination of his appointment
senior advocate
court bellow

S. O. UWAIFO, J.S.C. (Delivering the Leading Judgment): In this appeal, the appellant has set down three issues for determination. In the course of arguing issue 2, the appellant in his brief of argument has by virtue of Order 6, rule 4(4) of the Supreme Court Rules (as amended in 1999) invited this court to depart from some of its decisions to which I shall make reference later. The respondent is a creation of a statute deemed enacted by the National Assembly having been promulgated by Decree No. 33 of 1977. It is the Nigerian National Petroleum Corporation Act, 1977 now to be found in Cap. 320, Laws of the Federation of Nigeria, 1990. It is therefore a Federal Government Corporation which is known to perform a central role in the petroleum industry in Nigeria. Would the fact that the respondent was created by a statute and enjoys commanding relationship with the Federal Government give the employment of its servants statutory flavours? The appellant claims that the respondent being …

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