(2006) JELR 40277 (CA)    

Court of Appeal  ·  CA/J/163/2002 ·  8 Aug 2006 ·  Nigeria
Other Citations
NEPA v. Adeyemi (2007) 3 NWLR (Pt.1021) p.315
N.E.P.A. v. Adeyemi (2007) 3 NWLR (Pt. 1021) 315
RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
national electric power authority
circumstances of this case
ad-hoc report
ad-hoc disciplinary committee
following terms
statement of claim
salary of n5,112.00
special damages
wrongful dismissal
alleged theft of the transformers
issues viz
letter of appointment
administrative inquiry panel
simple common law contract
eventual dismissal
hush hush inquiry
action of the defendant
criminal allegation
asst. general manager
dismissal of the plaintiff
alleged case of theft
fair hearing
commission of inquiry law
plaintiff claims
leading judgment
intelligence d
letter ref
chief judge
reasoning of the learned trial judge
solicitors of the plaintiff
monthly salary
dismissal of the respondent
nepa 33kv materials
order of the court
particulars of special damages
creation of nasawara state
director of distribution
training centre

UWANI BAYANG AKAAHS, J.C.A. (Delivering the Leading Judgment): This appeal deals with the following four issues viz:

1. Whether the learned trial Judge was justified in declining to accord exhibit "17" (the Ad-Hoc Report) any evidential value

2. Whether the respondent was granted fair hearing before his dismissal from the appellant's establishment.

3. Whether from the circumstances of this case, the appellant is required to prove before the court the criminal allegation made against the respondent.

4. Having held that the respondent's employment was wrongfully terminated, is it right to award him salaries and allowances from October, 1992 to January, 2001?

Before considering the above issues which the appellant adumbrated in its brief of argument, it is necessary to give the background facts leading to the appeal.

The respondent was, until his interdiction on 6/10/87 (exhibit 1) and eventual dismissal on 18/2/88 (exhibit 3), a Senior Technical Officer (Electrical) on a salary of N5,11…

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