A contract of
employment between a master and a servant may be subject to either statutory or
common law rules. However whether the contract has a statutory flavour or not
before an employee is sacked, he must be given a fair hearing as enshrined in
section 33 of the Constitution of the Federal Republic of Nigeria, 1979 (this
is im pari materia with section 36 of the 1999 Constitution). In the instant
case, there was no evidence that he claimant was not given fair hearing when it
was being decided that his right to continue in his employment was to be taken
from him by dismissal for being found liable of the allegations of fraud and
conversion. [Afribank Nig. Plc. v. Osisanya [2000] NWLR (Pt. 642) 598 @
PP.613-614 para. E – A referred to.] (P. 729, Paras. E-H, P. 730, Paras. B)
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