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UNIVERSITY OF NIGERIA TEACHING HOSPITAL MANAGEMENT BOARD & ANOR V. HOPE CHINYELU NNOLI

(1994) JELR 35507 (SC)

Supreme Court  •  SC.221/1992  •  7 Oct 1994  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; ABUBAKAR BASHIR WALI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; EMANUEL OBIOMA OGWUEGBU JSC; SYLVESTER UMARU ONU JSC;

Judgement

ONU, J.S.C. (Delivering the Leading Judgment): When we heard this appeal on the 11th day of July, 1994, we took arguments from learned counsel and I dismissed it. I reserved my reasons for the action we took until today. I now give my reasons for dismissing the appeal.

The two questions which in my opinion stand out in bold relief for answers in this appeal are firstly, whether a public body such as a University Teaching Hospital Management Board established by statute can act fairly outside the provisions of the statute creating it in matters relating to the discipline of a servant or employee and secondly, whether the reinstatement of a dismissed servant or employee is the right order to make in the circumstances.

The plaintiff, herein respondent, having been retired with full benefits from her employment as Assistant Chief Pharmacist with the 1st defendant, herein 1st appellant, instituted Suit No. E/194/87 before Ononiba. J. in the High Court of the former Anambra State against b…

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