ADMINISTRATIVE LAW ā Public Duty ā Statutory Employment ā Dismissal Must Strictly Comply with Prescribed Procedure
Principle Statement
Employment with statutory backing must be terminated in the way and manner prescribed by the relevant statute. Any other manner of termination inconsistent therewith is null and void and of no effect.
Ratio Decidendi (Source)
Per Onu, JSC, in Iderima v. Rivers State Civil Service Commission (2005) NLC-452001(SC) at pp. 11ā12; Paras EāB.
"Except in employment governed by statute wherein the procedure for employment and discipline including dismissal of an employee are clearly spelt out, any other employment outside the statute is governed by the terms under which the parties agreed to be master and servant. Employment with statutory backing must be terminated in the way and manner prescribed by the relevant statute and any other manner of termination inconsistent therewith is null and void and of no effect."
Explanation / Scope
Statutory employment requires strict compliance with prescribed dismissal procedures. Any deviation renders the dismissal null and void. The principle applies to labour law and administrative law. The rule distinguishes statutory from private employment. Non-statutory employment may be terminated at will. Statutory employment provides procedural protection to employees.
