PRINCIPLE STATEMENT

There is absolute power to resign, and the employer has no discretion to refuse to accept notice of resignation.

RATIO DECIDENDI (SOURCE)

Per Ogundare, JSC, adopting Ademola, CJF in Benson v. Onitiri, in Yesufu v. Gov. Edo State & Ors (2001) NLC-701996(SC) at p. 11; Paras D–E.
"There is absolute power to resign and no discretion to refuse to accept notice."
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EXPLANATION / SCOPE

An employee has an absolute right to resign from employment. The employer cannot refuse to accept the resignation. The principle is based on the fundamental freedom of an individual not to be compelled to work against their will. The employer’s role is merely to acknowledge receipt, not to grant permission. The resignation takes effect according to its terms. The employer may require compliance with notice periods, but cannot veto the resignation itself. The rule applies to all employment relationships, including public service. The employer’s remedy for breach of notice is damages, not refusal to accept. The principle protects employees from forced labour.

CASES APPLYING THIS PRINCIPLE