Honourable Minister of Labour and Productivity & Anor V. Mr. Kolawole Gbeleyi (2008)

LawGlobal-Hub Lead Judgment Report

CLARA BATA OGUNBIYI, J.C.A.

This is an appeal from the judgment of the Federal High Court Lagos presided over by Honourable Justice S. W. Egbo-Egbo on 22nd day of March, 2001, wherein the judge held that the non compliance with the constitution of the panel on quorum had rendered the whole proceedings of the respondent’s dismissal being null and void. The dismissal of the respondent from the services of the 1st appellant on November 9th, 1994 was therefore declared illegal, unconstitutional, null and void and of no effect whatsoever; the court consequently ordered his reinstatement into the Federal Civil Service with effect from the said date. All salaries, allowances and other entitlements due to the respondent were also ordered to be paid. The appellants were the defendants in the lower court while the respondent was the plaintiff, Pages 14 and 15 of the judgment at the undated pages of the record of appeal are instructive.

The facts of this case succinctly put are as follows: that

The respondent was until his dismissal by the 1st appellant a Principal Maintenance Officer (P.M.O.) Grade Level 10 with the Federal Ministry of Employment, Labour and Productivity.

Following series of allegations of misdemeanors/misconduct and spanning between 1991-1994 the respondent was variously reprimanded and/or queried – see Exhibits “K”, “M” and “N”, which he replied via his letters Exhibits “Q” and “R” respectively.

The respondent was subsequently issued with a preliminary letter (query) Exhibit “L” on 7/3/94 which reads:-

“PERSONNEL MANAGEMENT DEPARTMENT IKOYI, LAGOS,

12576 ML.AJ/284/11F

SECLAB 7TH MARCH,” 94

Mr. K, Gbeleyi,

Rank: Principal Maintenance Officer

u.f.s. Director (Finance & Supplies)

Federal Ministry of Labour and

Productivity,