The brilliant conservatism of Justice Kirby’s Court- (Part II)

Jurisprudentially a close academic scrutiny of his judgements; how he elected to exercise the options before him in any case reveal him as being inclined to legal positivism. In many high stake cases of national importance his deference to the executive was often undisguised.

The case in point was the case of Bopeu v the Attorney General. At issue was whether the dismissal of the public sector employees who embarked on a strike to press home their demands for better working conditions were lawfully dismissed. They had contended before the High Court and the Court of Appeal that their dismissal was unlawful because a hearing did not precede it.