NIGERIAN MARITIME ADMINISTRATION AND SAFETY AGENCY V. STEPHEN AD ODEY

UZO I. NDUKWE-ANYANWU, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court, Calabar Division delivered on 31st October, 2008 setting aside the dismissal of the respondent by the Appellant.

The respondent was a staff of the Joint Maritime Labour Industrial Council whose assets and liabilities were transferred to the Appellant after the establishment of the Appellant in 2007.

Sometime in June, 2006, the Appellant discovered some irregularities and started investigations. The respondent was issued with a query to explain the money traced to his account with Fin Bank Plc and many other aspects of the respondent's activities. Respondent's answer was not satisfactory to the Appellant who subsequently suspended him. The Respondent was thereafter summoned before the Appellant's disciplinary committee. The respondent was consequently dismissed on those grounds on 31st day of July, 2006.

After this dismissal, the police on their own charged th…