LABOUR LAW — Termination — Employment with Statutory Flavour — Civil Service Rules Must Be Strictly Followed
Principle Statement
The Civil Service Commission is a creation of statute. For its dismissal to be intra vires, it must comply strictly with all the Rules governing dismissal of its staff – here the Federal Civil Service Rules 04107. Failure to do that renders the dismissal ultra vires, null and void.
Ratio Decidendi (Source)
Per Onu, JSC, in Iderima v. Rivers State Civil Service Commission (2005) NLC-452001(SC) at p. 11; Paras B–C. (Adopting Federal Civil Service Commission v. Laoye (1989) 2 NWLR (Pt. 106) 652 at 714).
"The 1st defendant (meaning the Civil Service Commission) is a creation of statute and for its dismissal of the respondent to be intra vires, it has to comply strictly with all the Rules (it made) governing the dismissal of its staff — here the Federal Civil Service Rules 04107. Failure to do that renders the dismissal ultra vires, null and void."
Explanation / Scope
Statutory bodies must strictly follow their own rules when dismissing employees. Failure to comply renders dismissal ultra vires and void. The principle applies to labour law and administrative law. The rule holds statutory bodies accountable to their own regulations. The dismissed employee need not show prejudice; non-compliance alone is fatal. The dismissal is a nullity from the start.
