LEGAL PRINCIPLE: LABOUR LAW — Termination of Employment — Civil Servant’s Cause of Action — No Valid Action Where Termination Complies with Civil Service Rules
PRINCIPLE STATEMENT
Where a civil servant's appointment is terminated in accordance with the Civil Service Rules, the civil servant has no valid cause of action. He can only sue for wrongful dismissal or termination where the dismissal or termination is not within the Civil Service Rules.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Udegbunam v. FCDA & Ors (2003) NLC-811999(SC) at p. 10; Paras A–C.
"Where an appointment of a civil servant is terminated in accordance with the Civil Service Rules, the civil servant has no valid cause of action against the terminating authority or body. A civil servant can only sue for wrongful dismissal or termination of appointment where a dismissal or termination is not within the Civil Service Rules."
EXPLANATION / SCOPE
Termination complying with Civil Service Rules gives no cause of action. The principle applies to civil service employment. The employee’s remedy is only for non-compliance. The rule promotes finality. The employer must follow the rules. The principle is well-established.