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INSTITUTE OF HEALTH ABU HOSPITAL MANAGEMENT BOARD
V.
ANYIP

(2011) JELR 33753 (SC)

Supreme Court 13 May 2011 Nigeria
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- Supreme Court affirmed that dismissal of an employee on grounds of an unproven criminal allegation (theft) without prior conviction by a court of competent jurisdiction is wrongful and null and void. - In a master/servant employment (non-

Case Details

Suit Number:SC.119/2003
Judges:DAHIRU MUSDAPHER JSC CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JSC JOHN AFOLABI FABIYI JSC SULEIMAN GALADIMA JSC
Counsel:D.C. Enwelum; For Appellant S. Atung; For Respondent

M. S. MUNTAKA COOMASSIE. J.S.C. (Delivering the Leading Judgment): The respondent herein Mrs Jummai R. I. Anyip, was an employee of the appellant and was interdicted by the appellant on an allegation of theft of expired drugs. In exhibit 3, the appellant clearly stated that the respondent's fate would be determined by the outcome of the report of an Administrative Disciplinary Committee which was set up to investigate the allegations against her. The committee went into action and conducted investigations into the allegation made against the respondent. In its report which was tendered as Exhibits 5 and 6 the respondent was exonerated and recommended to be reinstated to her employment. Nonetheless, the appellant dismissed the respondent from its employment.

Dissatisfied, with the action of the appellant the respondent instituted this action against the appellant at Kaduna State High Court herein referred to as the trial court.

The respondent as plaintiff claimed against the appellant…

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