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OKOMU OIL PALM COMPANY LIMITED V. O.S. ISERHIENRHIEN

(2001) JELR 44324 (SC)

Supreme Court  •  SC.121/1995  •  2 Mar 2001  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; UTHMAN MOHAMMED JSC; SYLVESTER UMARU ONU JSC; OKAY ACHIKE JSC; SAMSON ODEMWINGIE UWAIFO JSC;

Judgement

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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