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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The application of audi alteram partem rule with particular reference to public service contracts of employment
Author:Okany, M.C.
Periodical:The Nigerian Law Journal
Geographic term:Nigeria
Subjects:labour contracts
civil servants
Abstract:This article considers how far, under the public service, employers of labour are bound to observe the rule of fair hearing - audi alteram partem, 'hear both sides' - before terminating the employment of their employees. Section 33 of the Nigerian Constitution, 1979, makes provision for fair hearing before the employment of any public servant can be terminated. However, there is no express abolition of the right of the State to dismiss a public servant at will. The Supreme Court of Nigeria, in the recent case of Shitta Bey v. Federal Public Service Commission, has filled that vacuum when it specifically ordered reinstatement of the dismissed officer on or before a specified date. Notes, ref.