JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment):? This appeal is against the judgment delivered on 17th October, 2007 in the Federal High Court of Nigeria, in Osogbo, Osun State. The Respondent was the plaintiff. The Appellant was the Defendant.
The claim of the Respondent against the Appellant was for the following:
1. A declaration that the termination of the plaintiff's employment is ultra vires, unfair, unjust, wrongful, in breach of his constitutional right of fair hearing, the rules of natural justice and pro tanto a nullity.
2. An order re-instating the plaintiff to his employment.
The facts of the case are brief. According to the Respondent, he was employed by the Appellant. On the 21st September, 2005, he was on patrol with three others. They arrested a motorcyclist for overloading and their team leader directed the driver of their vehicle to take the motorcyclist to the police station. While the other team members were around their vehicle waiting for the driver to…