(2001) JELR 44324 (SC)    

Supreme Court  ·  SC.121/1995 ·  2 Mar 2001 ·  Nigeria
Other Citations
Okomu Oil Palm Co. Ltd. v. Iserhienrhien (2001) 6 NWLR (Pt.710) 660 (2001) 3 SC 140 (2001) All N.L.R 487
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria OKAY ACHIKE Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria
Core Terms Beta
statement of claim
civil service rules
federal civil service commission
federal government
writ of summons
federal government civil service rules
statement of defence
appointment of the respondent
public servant
court of appeal
high court
chief accountant
decree no.
learned trial judge
limited liability company
lower court
constitution of the federal republic of nigeria
civil servant
conditions of service of the defendant company
decree no.17
following paragraphs
leading judgment
okomu oil palm co. ltd.
provisions of exhibit j
provisions of the civil service rules
reliance of the lower court
appointed agent of the federal government
appointment of the plaintiff
category of a public servant
cheque no.
classic form
corresponding power
date of despatch of this letter
decision of the lower court
decision of the trial court
employ of the defendant
final settlement of all claims
following reliefs
own name
provisions of rule
public servant of his rank
purported letter of termination of the plaintiff
relevance of the public officers
said amount of n4,511.71
said terms
satisfactory statement
state government

UWAIFO, J.S.C. (Delivering the Leading Judgment): The plaintiff (now respondent) was in the employ of the defendant (now appellant) as Chief Accountant. The defendant is a limited liability company owned by the Federal Government. It terminated the appointment of the plaintiff by letter that his services were no longer required. In this case the plaintiff has contested the termination on the basis that by definition he is a public servant and that the procedure for removing a public servant of his rank should have been complied with but was not. His contention is that the applicable procedure is as provided under the Federal Government Civil Service Rules. He therefore in his writ of summons as well as his statement of claim sought the following reliefs:

"1. A declaration that the purported letter of termination of the plaintiff was issued mala fide and without just cause and in utter disregard to (sic) the terms and conditions of service of the defendant company.

2. A declaration tha…

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