IMOLOAME
V.
WAEC

(1992) JELR 43146 (SC)

Supreme Court 11 Dec 1992 Nigeria
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- The appellant, an employee of the respondent council, was dismissed from his employment based on adverse findings on his conduct in three Commissions of Inquiry. - The appellant filed a lawsuit claiming libel and wrongful dismissal. - The

Case Details

Suit Number:SC.188/1988
Judges:ADOLPHUS GODWIN KARIBI- WHYTE JSC SAIDU KAWU JSC ABUBAKAR BASHIR WALI JSC UCHE OMO JSC EMMANUEL OBIOMA OGWUEGBU JSC
Counsel:Ayo Olanrewaju For the Appellant; Seyi Sowemimo For the Respondent.
Other Citations:(1992) 9 NWLR (Pt. 265) 303, Imoloame v. W.A.E.C. (1992) NWLR (Pt. 265)303

A. G. KARIBI-WHYTE, J.S.C (Delivering the Leading Judgment): The main argument in this appeal was based on the contention that the Appellant as Acting Principal Assistant Registrar and the Branch Controller of the Respondent Council is an officer with statutory flavour; accordingly his dismissal without compliance with the relevant enabling statutory provisions was ineffectual; and therefore void. Appellant therefore asked for reinstatement or in the alternative damages for breach for wrongful dismissal in an action against the Respondent.

Respondent Council had dismissed the appellant from the employment relying on the adverse findings on his conduct in his employment made in three Commissions of Inquiry set up to inquire into the conduct and activities of members of staff of the Respondent. Appellant then caused to issue a writ of summons against the respondent, claiming as follows -

"(1) Libel contained in the Defendant's letter dated 9th August, 1978, in which the Defendant false…

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