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PORT HARCOURT REFINING COMPANY LTD (PHRC) v. IMOUH OKORO

(2010) JELR 37655 (CA)

Court of Appeal  •  CA/PH/47/2009  •  30 Jun 2010  •  Nigeria

Coram
ISTIFANUS THOMAS JCA; TIJJANI ABDULLAHI JCA; EJEMBI EKO JCA;

Judgement

EJEMBI EKO, J.C.A.(Delivering the Leading Judgment): The respondent, the plaintiff at the court below, was an employee of the appellant in the security department. In August, 1995 there was theft in the premises of the appellant. The appellant averred that the respondent was arrested by other security personnel of the appellant with some jerry cans of kerosene stolen from the appellant while he was trying to smuggle them out of the appellant's premises. The respondent, vehemently denying this assertion, had stated that he chased the thieves and identified one of them and that it was through his efforts that some of the thieves were arrested.

The respondent must have perceived that serious disciplinary action was in the offing against him by the management of the appellant. The appellan had averred that in September, 1995 the respondent was queried before his suspension and that he refused to sign for the suspension letter. On 28th September, 1995 the respondent, as the plaintiff, took…

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