ADMINISTRATIVE LAW ā Public Duty ā Disciplinary Procedure ā Investigation Must Precede Query Under Civil Service Rules
Principle Statement
Rule 04107 provides that a public servant may only be dismissed in accordance with the Rules. A query must precede the setting up of an investigation body under Rule 04107. In this case, a Board of Inquiry preceded the issuance of a query, contrary to the required procedure.
Ratio Decidendi (Source)
Per Oguntade, JSC, in Iderima v. Rivers State Civil Service Commission (2005) NLC-452001(SC) at pp. 28ā32; Paras DāB.
"It is apparent that the opening paragraph of the above rule 04107 provides that, a public servant, may only be dismissed, in accordance with the provisions made under the Rules. ā¦ it is a query that must precede the setting up of an investigation body in the disciplinary procedure under Rule 04107, unlike the procedure adopted in dismissing the plaintiff/appellant where a Board of Inquiry preceded the issuance of a query."
Explanation / Scope
Civil Service Rules prescribe a specific disciplinary procedure: query first, then investigation. Reversing the order (investigation before query) violates the Rules. The principle applies to administrative law and statutory employment. The rule ensures procedural fairness. Non-compliance renders the dismissal invalid. The prescribed sequence is mandatory, not directory.
