Customer Support

NIGERIAN BOTTLING COMPANY PLC.
V.
EKPO

(2020) JELR 112944 (CA)

Court of Appeal 2 Dec 2020 Nigeria
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:CA/C/128/2018
Judges:MOJEED ADEKUNLE OWOADE (PJ), JCA HAMMA AKAWU BARKA , JCA MUHAMMED LAWAL SHUAIBU, JCA
Counsel:T. J. Krukrubo Esq. for the Appellant. A. A. Annah Esq. for the Respondent.
Location:Calabar

HAMMA AKAWU BARKA, JCA (Delivering the Leading Judgement): This is an appeal against the judgment of the National Industrial Court of Nigeria, Calabar Judicial Division, delivered on the 31/5/2017, wherein judgment was entered for the respondent, the court having concluded that:

Now the Supreme Court in considering this scenario held that the Appellant having initiated criminal proceeding in this matter are bound to await the outcome of the trial before rekindling their disciplinary actions.

What this means is that a defendant or employer who reports his employee to the police in a criminal charge is required to await the conclusion of the criminal proceeding before he can take any further step in their internal disciplinary measures.  It is on that ground that I find the Defendants action in dismissing the Claimant, wrongful.

This court has held that a verdict of a discharge is a favourable termination of a case for recall. See the case of SUIT NO. NIC/LA/117/2011 MR. BABATUNDE Vs. DANA…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.