LEGAL PRINCIPLE: STATUTORY INTERPRETATION — Employment — Discipline of Senior Officers — Applicable Statutory Provisions
PRINCIPLE STATEMENT
The statutory provisions specifically regulating the removal and discipline of senior officers must be applied; using a wrong procedure renders the termination wrongful.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Psychiatric Hospitals Management Board v. Edosa (2001) NLC-1631995(SC) at pp. 11–12; Paras E–A.
"It is section 13(1) of the Act which regulates the removal and discipline of senior officers which should have been applied. The purported termination of the employment of the plaintiff was rightly found by the courts below to be wrongful. A wrong procedure was used."
EXPLANATION / SCOPE
Statutory provisions governing discipline of senior officers are mandatory. The employer must follow the prescribed procedure. Using a different procedure renders the disciplinary action wrongful, even if the substantive grounds exist. The principle ensures that statutory protections for senior employees are enforced. The employer cannot bypass the prescribed procedure by using general provisions. The court will set aside the decision and may award damages. The rule applies to public service and statutory bodies. The employee is entitled to the protection of the specific statutory provisions. The employer must identify the correct provision and comply with it strictly. Failure to do so is fatal.