The second class of cases will cover the ordinary master and servant relationship governed by a written contract not subject to any statutory restrictions or limitations. Here the duty of the court will be to construe and apply the terms, conditions and provisions of the contract.
— A. Oputa, JSC. Olaniyan & Ors. v. University of Lagos (1985) – SC.53/1985
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In BENIN ELECTRICITY DISTRIBUTION COMPANY PLC. v. ESEALUKA (2013) LPELR-20159 (CA) held that: “…where the relationship is not governed by statute and there is infraction of the terms of employment and dismissal by the employer, such infraction is merely wrongful and not null and void. The employee can only claim damages for breach of contract and cannot claim arrears of salary and reinstatement. See Eze v. Spring Bank (2011) 12 SC Pt.1 Pg.173; Joseph Ifeta v. SPDC Nig. Ltd. (2006) 8 NWLR Pt.983 Pg.585.” Per OGUNWUMIJU, J.C.A. (Pp.32-33, Paras.B-F).
In the case of Organ and Ors. v. Nigeria Liquefied Natural Gas Ltd., and Anor (2013) LPELR – 20942 (SC), the Supreme Court emphatically held as follows: “The letter of employment is the bedrock on which any of the appellants can lay claim to being employees of the respondent and without the production of such a document, no employment can be inferred. The Employees’ Handbook issued by 1st Respondent is not a substitute for the letter of employment”.
It is to be observed that there is evidence before the court that the plaintiffs appointments were renewed for a three year second term on December 16, 2002 and was to last till 15th December, 2005. The only condition under which they could vacate office before that date is either if they resign their appointment or they are removed from office in accordance with the provisions of the Local Government Service Commission Law, 2000.
– Abdullahi JCA. Ekiti v. Ojo (2005)
It is necessary to also state that the fact that an employer is a creation of statute or statutory body, does not without more, raise the legal status of its employees over and above the normal common law master and servant relationship. Also, the fact that a person is pensionable Federal public servant does not mean that his contract of employment is protected by statute. Whether a contract of employment is governed by statute or not depends on the interpretation of the contractual document or the applicable statute. The character of an appointment and the status of the employee is determined by the legal character of the contract. Contracts of employment are determinable by the agreement of the parties’ simplicita. See the cases of ALHASSAN V. ABU ZARIA [2011] 11NWLR (PT. 1259, 417 @ 464;NITEL V JATTAU [1996] 1 NWLR (PT. 425) 392 CA; INSTITUTE OF HEALTH AHMADU BELLO UNIVERSITY HOSPITAL MANANGEMENT BOARD V MRS JUMMAI R.I ANYIP [2015] 6 ACELR PAGE 27.IMOLOAME V. WAEC (1992) 9 NWLR(PT. 265) 303.
— O. Oyebiola, J. Yakubu v. FRCN (2016) – NIC/LA/673/2013
The fact that an organisation or authority which is an employer is a statutory body does not mean that the conditions of service of its employees must be of a special character, ruling out the incidence of a mere master and servant relationship. Where the contract between the parties is clear and unequivocal, the court must, in construing the relationship of the parties, confine itself to the terms and contract of service between the parties.
– Muhammad JCA. Osumah v. EBS (2004)
Lord Wilberforce in the case of Malloch v Aberdeen Corporation (1971) 2 All ER 1278 at 1294 said: “One may accept that if there are relationships in which all the requirements of the observance of rules of natural justice are excluded (and I do not wish to assume that this is inevitably so), these must be confined to what has been called “pure master and servant” case, which I take to mean cases in which there is no element of public employment.or service, no support by statute, nothing in the nature of an office or a status which is capable of protection. If any of these elements exist, then in my opinion, whatever the terminology used, and even though in some interpartes aspect the relationship may be called that of master and servant, there may be essential procedural requirements to be observed and failure to observe them may result in a dismissal being declared to be void.”
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