ACHIMUGU
V.
HON. MINISTER, FCT & ANOR.

(1998) JELR 45551 (CA)    

Court of Appeal  ·  CA/A/24/96 ·  25 Jun 1998 ·  Nigeria
 · 
Other Citations
Achimugu v. Minister F.C.T. (1998) 11 NWLR (Pt.574)
Ogunsola v. NICON (1998) 11 NWLR (Pt. 575) 683
Achimugu v. Minister F.C.T. (1998) 11 NWLR (Pt. 574) 467
CORAM
UMARU ATU KALGO Justice of The Court of Appeal of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Court of Appeal of Nigeria MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria
Core Terms Beta
years
appellant
learned trial judge
pensions act
1st respondent
counsel
termination of his appointment
affidavit evidence
contention of the appellant
grounds of appeal
high court of the federal capital territory
learned counsel
1st defendant
counter-affidavit
federal civil service rules
said affidavit
services of the respondent
virtue of the provisions of section
argument of counsel
award of pension
basic salary n18
brother ejiwunmi j.c.a.
central issue
chambers of karina tunyan
civil procedure
civil servant
civil service
considered judgment
court order
determination of the following questions
estate officer iii
first defendant offering
following facts
following grounds of appeal
judicial review of the dismissal of the appellant
kate akpan
law clerk
leading judgment
notice of appeal
purported dismissal of the plaintiff
said counter-affidavit
services of federal capital development authority
submission reliance
termination of the plaintiff
time hold
time of termination of the plaintiff
various issues

EJIWUNMI, J.C.A. (Delivering the Leading Judgment): This action was commenced by the appellant in the High Court of the Federal Capital Territory, Abuja in suit No. FCT/HC/M/771/93, brought an application under Order 43 of the High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules 1991 for the judicial review of the dismissal of the appellant from the services of Federal Capital Development Authority.

At the hearing, though the 1st respondent was duly served, did not appear nor was it represented by counsel. Having listened to the argument of counsel for the appellant and the learned trial Judge upheld the reliefs sought for by the appellant, as he held thus:-

"In the light of all the above, I have no alternative other than to grant the applicant's reliefs. The purported dismissal of the plaintiff/applicant's appointment as an Estate Officer III is null and void and I so declare. The applicant, Mr. Joseph O. Achimugu, should be reinstated to his office with effect…

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