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Tuesday, 21 April 2015

Appeal Court Orders FRSC To Reinstate Dismissed Staff


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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