The Court of Appeal sitting in Benin, Edo State, has ordered
authorities of the Federal Road Safety Commission, FRSC, to reinstate Messers A.O. Oboh and
N.M.Chukwukelu to their former positions, describing the termination of their
appointments by FRSC as unlawful.
The appellants, through their counsel, Monday Agienoje,
being dissatisfied with the judgment of the lower court which dismissed their
case of unlawful termination of their appointments by the FRSC, approached the
appellate court.
The appellants were said to have been arrested by a
surveillance team led by Commander Agbakoba for
alleged bribery and corruption and had their appointments terminated
after undergoing trial at the Abuja Headquarters of FRSC.
In a unanimous judgment read by Justice Hamma Barka, the
appellate court said that their reinstatement to their former positions by the
FRSC was not prejudicial to any promotions they might have enjoyed during the
period of their unlawful termination.
The court held that it was quite clear that the appellants’
employment was governed by statute, adding that their services were covered by
the Federal Service Rules.
The court held: “It is trite, therefore, that an employee
clothed with statutory flavour must be terminated only in accordance with the
manner prescribed by the relevant statute and any other manner of termination
or dismissal inconsistent with the statute renders the termination null and void.”
The court resolved the issues canvassed in favour of the
appellants.
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