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CIVIL SERVICE COMMISSION IMO STATE & ANOR. V. GODWIN ...

CIVIL SERVICE COMMISSION IMO STATE & ANOR. V. GODWIN ...

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And also hold.<br />

Hence, in the final analysis and for all the reasons I<br />

have given in this judgment, I find myself agreeing<br />

with the learned senior counsel for the Respondent<br />

that this appeal lacks any substantial merit and<br />

ought to thus; be dismiss. According, without any<br />

further hesitation, the appeal is hereby dismissed.<br />

The ruling of the Trial Court delivered on the 8th<br />

day of March 200l hereby affirmed.<br />

The Respondent is entitled to N10, 000.00 (Ten<br />

Thousand Naira) cost against the Appellants.<br />

MUSA DATTTJO MUHAMMAD. J.C.A: I have<br />

read in draft the lead judgment of my learned<br />

brother SAULAWA JCA. I entirely agree with him<br />

that where a plaintiff's employment such as the one<br />

in the instant came has statutory flavour, he can<br />

only be disengaged from that employment in the<br />

manner provided by the law.<br />

By law 1st appellant has the authority to hire and<br />

fire the respondent. The law does not vest this<br />

power in those others who purportedly terminated<br />

the employment of the respondent. Such a<br />

determination of employment by a person or<br />

authority that lacks the necessary statutory<br />

authority to undertake the exercise is manifestly<br />

illegal and must, and in affirming the decision of<br />

the lower court, is hereby set aside. See Federal<br />

Civil Service Commission v. Laoye (1989) 2 NWLR<br />

(pt 106 652.<br />

Respondent herein is aggrieved. It is said that the<br />

should be denied relief simply because of the<br />

35

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