LABOUR LAW — Staff Manual — Disciplinary Provisions — Suspension Without Prior Prima Facie Case Established — Nullity
Principle Statement
Where a staff manual requires that a prima facie case of a serious nature be established by a court or investigation committee before suspension, any suspension issued without such prior determination is a nullity and a breach of the governing disciplinary provisions.
Ratio Decidendi (Source)
Per Akintan, JSC, in CBN v. Igwilo (2007) NLC-123-83-2002(SC) at p. 16; Paras A–C.
"Section 5 of Chapter 5 of the said Staff Manual (Exhibit U) provides that the 1st appellant is required to suspend a staff member only where a prima facie case of a serious nature has been established against the staff member by a court or by an Investigation Committee. This provision was breached in the respondent's case. The letter suspending him without pay dated 8th May 1992 was issued when it was not shown that a prima facie case of a serious nature was established against the respondent by a court or an Investigation Committee."
Explanation / Scope
Staff manuals and conditions of service are binding on statutory employers and their employees. They constitute the contractual and regulatory framework governing employment. Where they prescribe a specific procedure for suspension, that procedure must be strictly complied with. Suspension without the required preliminary finding of a prima facie case is ultra vires and void. The employee is entitled to be treated as if still in employment, including payment of full salaries and benefits. The principle ensures that disciplinary powers are not exercised arbitrarily and that employees are protected from unjustified suspension.
