EXAMINATION OF WRONGFUL TERMINATION OF CONTRACT OF EMPLOYMENT WITH STATUTORY FLAVOUR IN NIGERIAN PUBLIC UNIVERSITIES

The powers to employ and discipline an employee of Nigerian Public Universities are made pursuant to the statute establishing the universities. The provisions for discipline and termination of Contract of employment in public universities in Nigerian Public Universities employment contract sui generis i.e., they are distinct from ordinary master-servant relationship and the termination is handled differently. An employment is said to have statutory flavour where the procedure for employment and discipline, among others, are regulated by statute established the institution. Therefore, employment with statutory backing must be terminated in the way and manner prescribed by the statute and any other manner of termination in consistent with the relevant statute is null and void, and of no effect. This means that in employment with statutory backing regarding discipline and termination of employment contract, the law looks of the legality rather than the motive of termination. Accordingly, failure to comply with the procedures renders any disciplinary action or termination a nullity. These procedures have been observed more in breach, this provokes the writing of this paper; critical appraise of wrongful termination of public sector contract of Employment: A study of Nigerian public universities. This is with a view to determine whether or not the public universities comply with the provisions of the statutes. To determine the proper university organs that are involved in the process of termination of employment and which one is responsible for eventual wrongful termination. The methodology adopted in this research is doctrinal method. The research found among others that Nigerian public universities do not adhere to the provisions of the statute in the determination of employment contract. Accordingly, it is recommended among other things that public universities should adhere strictly with the provisions of the statute in the determination of employment contract as its employment contract is a special one with statutory flavour, therefore stand on a different footing with ordinary contract of employment.