Master Servant

Termination of employment would be lawful if the terms of the contract of service between the employer and the employee are complied with.

Generally speaking, master-servant relationship is the association between one in authority and a subordinate – especially between an employer and an employee. And employer-employee relationship is the association between a person employed to perform services in the affairs of another who in turn has the right to control the person’s physical conduct in the course of that service. See Black’s Law Dictionary 9th edition page 1402. OLUKAYODE ARIWOOLA, J.S.C

Looking at OLANIYAN V UNIVERSITY OF LAGOS (supra) and related authorities, once the Court finds that an employment has statutory flavor and was wrongfully terminated, reinstatement is the only option available because the law must be obeyed, in doing so the law also presupposes that there was no interruption in the relationship since the law was not complied with, once a body established by law fails to comply with the law, the action taken is null and void.
It presumes that the employee was still in the service of the employee and if so, then salaries and allowances should also have been running without interruption.
The cessation of services was the willful act of the employer and it could do that but still bound to pay the employee, see the case of VISITOR, IMSU & ORS V OKONKWO & ORS (2014) LPELR-22458(CA) which held thusly: “Once an employee whose appointment is governed by Statute is dismissed or relieved of his post and it is found to be unlawful by the Court and such employee is restored, the employee would be paid only his salaries, emolument or other allowances due and accrued to him as if the unlawful removal never took place, award of damages in whatever form or however described will not be granted in favour of the employee.
See ‘EX’- CAPT CHARLES EKEAGWU vs. THE NIGERIAN ARMY Per IGE, J.C.A. (Pp. 103-104 paras. B-B). PER NIMPAR, J.C.A.