In the alternative, the plaintiff claims from the defendant (without the particulars of claim) (v) An order on the defendant bank that the plaintiff be reinstated forthwith as the Defendant Bank unilaterally repudiated the employment of the plaintiff of permanent and pensionable status.Ģ6. (iv) An order of perpetual injunction to restrain the Defendant Bank, its agent and/or privies from giving effect to the said letter of dismissal. (iii) An order that the said letters of dismissal dated be set aside. Edmond Ojo at Ugbokpo Branch without giving the plaintiff opportuniy to defend himself for the allegations against him before the disciplinary committee is wrongful, unconstitutional, null and void and contrary to the principle and rules of natural justice. Without his knowledge and approval and gross administrative fraud and irregularity in the employment of Mr. (ii) A declaration that the dismissal of the plaintiff by the Defendant Bank on the grounds of fraud of lodgment of fictitious and dud National Bank of Nigeria Otukpo Cheque N0.OTH) 72976 into Account N0. Almona, the Industrial Relations Manager of the defendant Bank of Industrial Relation Department on the basis of consideration by the Disciplinary committee is wrongful, unconstitutional, null and void. (i) A declaration that the dismissal of the plaintiff from the Defendant Bank through a letter dated signed by Mrs. The plaintiff claims from the defendant as follows:. The present appellant had instituted an action against the respondent in which he claims in paragraphs 25 and 26 of the Amended Statement of Claim as follows:. B/127/91 delivered on the 5th day of January, 1996. CA/B/301/98 delivered on the 10th day of December, 2001 allowing the appeal of the present respondent against the judgment of the High Court of Edo State Holden at Benin city in suit no. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Holden at Benin City in appeal no. IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of NigeriaīODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of NigeriaįRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria PER BODE RHODES-VIVOUR, J.S.C.ĪLOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria Seeį.C.S.C v Laoye (1989) 2 NWLR Pt.106 p.652 Akande v State (1988) 3 NWLR Pt 85 p.681.Īccusing an employee of misconduct, etc by way of a query and allowing the employee to answer the query, and the employee answers it before a decision is taken satisfies the requirements of fair hearing or natural justice.

The Good Lord heard Adam before he passed sentence. It is a canon of natural justice that has its roots in the Old Testament. PER WALTER SAMUEL NKANU ONNOGHEN, J.S.C.Īudi alteram partem is a maxim denoting basic fairness. There is no duty, generally, on a party to prove the negative. It is trite law that he who asserts the affirmative has the duty to prove same. EVIDENCE: BURDEN OF PROOF WHERE AN ASSERTION IS MADE

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