Longe v First Bank of Nigeria PLC: Views in Support of the Supreme Court Decision

P.I. Iweoha, Philip E. Oamen, M.I. Anushiem, U.M.J. Ekeneme

    Research output: Contribution to journalArticlepeer-review

    Abstract

    In the case of Longe v. First Bank of Nigeria Plc the Supreme Court of Nigeria seemingly made a revolutionary pronouncement on the settled position of labour law by deciding that the remedy of reinstatement or specific performance could be granted in favour of employees in private employments. Perhaps, for the first time in the history of labour law in Nigeria, the apex Court held that an employee in a private employment could be reinstated. This decision, as would be expected, has been criticized by courtroom lawyers, legal scholars as well as labour and industrial relations stakeholders in Nigeria. Almost all scholarly works on the Longe case have criticized the Supreme Court decision in the case. In this paper, however, we have taken a view different from that of other scholars and commentators, by supporting the apex Court?s decision. We have thus made an attempt to analyse the seemingly judicial tsunami heralded by the Supreme Court decision in the Longe case, with a view to putting the case in its proper perspective. We have contended that the Supreme Court decision is legally justifiable on the ground that, the plank on which the Supreme Court based its decision in reinstating Mr. Longe was that, he being a (Managing) Director, his employment was rooted in a statute, that is, the Companies and Allies Matters Act (CAMA) and so, his employment, though a private one, was statutorily flavoured.
    Original languageEnglish
    Pages (from-to)76-89
    Number of pages14
    JournalMadonna University, Nigeria Faculty of Law Law Journal
    Volume4
    Issue number1
    Publication statusPublished (VoR) - 1 Jul 2016

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