TSAMIYA, J.C.A. (Read the Leading Judgment): This appeal deals with wrongful dismissal and raises the vexed question as to whether the Head of State and Commander-In-Chief of the Armed Forces of the Federal Republic of Nigeria, who assumed office in June 1998, could validly dismiss the plaintiff with effect from 24th October, 1997 in exercising his power pursuant to Public Officers (Special Provisions) Act, Cap. 381, Laws of the Federation of Nigeria (L.F.N.) 1990.
Prior to dismissal, the plaintiff was employed by the Federal Civil Service Commission in the Federal Civil Service of Nigeria in 1987 and upon deployment to the Federal Ministry of Education, Science and Technology; the plaintiff was posted to the defendant, institution as a Lecturer. While working there, the plaintiff absconded from service since 20/10/1997 which resulted in the stoppage of his salary in 1997. Subsequently, his appointment was terminated along with others by the Head of State and Commander-In-Chief of the…