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NEPA
V.
ADEYEMI

(2006) JELR 40277 (CA)

Court of Appeal 8 Aug 2006 Nigeria
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- The respondent, a Senior Technical Officer (Electrical) with NEPA, was interdicted and dismissed following an internal inquiry into alleged theft of transformers; the police cleared him of the criminal allegation, but an NEPA Ad-Hoc Disci

Case Details

Suit Number:CA/J/163/2002
Judges: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
Counsel:Charles Obishai For Appellant Omolade MakanjuolaL. E. Leke and Toyin Makanjuola For Respondent
Other Citations:NEPA v. Adeyemi (2007) 3 NWLR (Pt.1021) p.315, (2007) 3 NWLR (Pt. 1021) 315

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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