- Nigerian Telecommunications Plc v. Awala
- ₦ 200
Nigerian Telecommunications Plc v. Awala
NIGERIAN TELECOMMUNICATIONS PLC
EMMANUEL O. AWALA
COURT OF APPEAL
( KADUNA DIVISION )
ISA AYO SALAMI, JCA (
MAHMUD MOHAMMED, JCA
AIMEPOMO OYELEYE OMAGE, JCA ( Read the
Lead Judgment )
12TH JULY, 2001
CRIMINAL LAW AND PROCEDURE - Prosecution of criminal offences - Power of Director of Public Prosecution and
Police to embark upon
CRIMINAL LAW AND PROCEDURE - Record of
criminal proceedings When inadmissible in civil action
MASTER AND SERVANT - Employment of employee
- Whether court can compel employer to employ an employee
MASTER AND SERVANT - Employee found
negligent - Right of employer to determine services of
MASTER AND SERVANT - Nigerian
Telecommunications Plc - Power of to dismiss its employee(s)
Whether the respondent was at the time of his
dismissal, a civil servant and whether his service in the appellant company was
governed by the Civil Service Rules.
Whether the trial court was wrong when it resolved that
if the respondent was not being accused of any crime he should not have been
charged to court, but once charged to the court in a criminal allegation, the
appellant should have waited for the outcome before dismissing him.
Whether the respondent was dismissed from the service
of the appellant company on the ground of the appellant having found him guilty
of a criminal offence.
Whether in all the circumstances of the case the
respondent was entitled to any and or all of the reliefs granted him by the
In 1984, the
entire staff of Ministry of Communication were given an option to elect which
of the existing three bodies will be its employer. The three bodies are, (i)
Ministry of Establishment (ii) the NITEL, and (iii) NIPOST. The respondent opted to go to the NITEL and was designated
as Senior Manager.
April, 1986, NITEL headquarters set up a panel to look into the crisis at the
NITEL Training Centre, Kano where the respondent was the head. The crisis
involved the stealing of 11 KVA panel, property of NITEL from the training
school. The respondent was notified to appear before the panel.
conclusion of the panelâ€™s assignment, the respondent was found to be negligent,
to be tyrannical, fraudulent dishonest and guilty of theft and misconduct.
Consequently, he was dismissed from the employment of NITEL. The respondent
asserted that the management who decided to dismiss him was the board which he
said had no jurisdiction to dismiss him, since there was no board in existence
at the NITEL at the time of his dismissal. Being displeased with the said
dismissal, the respondent as plaintiff filed an action at the Kano State High
Court seeking a declaration that his dismissal was unlawful, null, void and of
no effect, and an order reinstating him to his deserved status, among others.
At the conclusion of hearing the learned
trial High Court gave judgment in favour of the plaintiff/respondent. The
defendant being dissatisfied with the said judgment, filed this appeal.