Federal Road Safety Commission V. Michael Oladele Idowu (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment delivered on 17th October, 2007 in the Federal High Court of Nigeria, in Osogbo, Osun State. The Respondent was the plaintiff. The Appellant was the Defendant.

The claim of the Respondent against the Appellant was for the following:

1. A declaration that the termination of the plaintiff’s employment is ultra vires, unfair, unjust, wrongful, in breach of his constitutional right of fair hearing, the rules of natural justice and pro tanto a nullity.
2. An order re-instating the plaintiff to his employment.

The facts of the case are brief. According to the Respondent, he was employed by the Appellant. On the 21st September, 2005, he was on patrol with three others. They arrested a motorcyclist for overloading and their team leader directed the driver of their vehicle to take the motorcyclist to the police station. While the other team members were around their vehicle waiting for the driver to come back a surveillance team came for searching.

The Sector Intelligence Officer entered the patrol vehicle and started searching. Within a short time, he said he felt something in a hole in the chassis of the Vehicle. He asked the patrol team if they were aware of anything in the vehicle. They said they were not. He then invited them to the base.

The next day a panel beater was invited. The panel beater opened up the chassis. The sum of N200 (two hundred Naira) in various denominations was found.

On 25th September, 2005 a Federal Road Safety Disciplinary Committee was set up for the Respondent.

He was charged for possession of money, conspiracy to extort money and improper dressing.

On possession of money and conspiracy to extort money, he was discharged and acquitted.

On improper dressing, he was given “a minor entry.”

On 15th May, 2006, he was served a termination of appointment letter Exhibit MO I, II even though the punishment for minor entry does not lead to termination.

However, according to the defence witness on 21st September 2005 four of them were on a surveillance trip and they saw the patrol team on the road.

When he searched the patrol vehicle he discovered a hole. He put his thumb inside. He felt a ramp and he tried to bring it out. It was not possible. He called his colleague Paul Ope who did the same. They asked the patrol team to come to base.

The following day he sent for a panel beater who came and opened “the place” and they saw a ramp of money inside. There was N100 note, one N50 note, 4 pieces of N10 note and two pieces of N5 note, all amounting to N200.