AKPATA, J.S.C. (Delivering the Leading Judgment): Decree No. 17 of 1984, that is, Public Officers (Special Provisions) Decree 1984, is revisited. The Decree enabled the appropriate authority at any time after 31st December, 1983 to dismiss or remove a public officer summarily from his office; or retire or require the public officer to compulsorily retire from the relevant public office. No civil proceedings could lie or be instituted in any court if the dismissal or removal or retirement was by the appropriate authority.
Amongst the issues for determination in this appeal is whether the plaintiff was removed pursuant to the Decree by the appropriate authority, that is, whether the Central Bank of Nigeria or its Board or Management was the appropriate authority in the circumstances of this case.
The plaintiff, Francis Adesegun Katto, was employed as a clerk on 8th April, 1968 by the defendant Bank, Central Bank of Nigeria. By 1st January, 1982, he had risen to the position of a Senior …