(2000) JELR 44124 (CA)    

Court of Appeal  ·  CA/J/239/98 ·  12 Jul 2000 ·  Nigeria
Other Citations
Adah v. NYSC (2001) 1 NWLR (Pt.693)65
Adah v. NYSC (2001) 1 NWLR (Pt. 693) 65
JOSEPH JEREMIAH UMOREN Justice of The Court of Appeal of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Court of Appeal of Nigeria ISA ABUBAKAR MANGAJI Justice of The Court of Appeal of Nigeria
Core Terms Beta
decree no.
issue of jurisdiction
federal government agency
learned trial judge
no. nysc
evidence act
federal civil service rules
jurisdiction of the court
laws of the federation of nigeria
leading judgment
trial court
case of the plaintiff
charge no. mcm
circumstances of this case
considered judgment
constitutional right
criminal proceedings
high court
magistrate court
question of facts
statement of claim
benue state high court
breach of the federal civil service rules
brief address
cognisance of the constitution
constitution of the federal republic of nigeria
date of the accrual of the cause
disciplinary matter
duty of the court
early stages of the matter
grounds of appeal
issue of jurisdiction vis
local government
makurdi high court benue state
personal income tax
provisions of s.149
provisions of section
said letter
see okezie v
staff of the federal livestock
suspension of the plaintiff
time of institution of this action
vis decree no.

CHUKWUMA-ENEH, J.C.A (Delivering the Leading Judgment): In paragraph 16 of the statement of claim filed in this matter before the Makurdi High Court Benue State, the appellant (i.e. the plaintiff in the court below) claimed against the respondent (i.e. defendant in the court below) the following reliefs:

"(a) A declaration that the suspension of the plaintiff from office without pay vide the defendant's letter Ref. No. NYSC/SC/STA/PER/28/Vol. 11/185 of 20/12/90 is null and void and of no effect as the said letter was given in breach of the Federal Civil Service Rules.

(b) A declaration that the termination of the appointment of the plaintiff by the defendant vide a letter Ref. No. NYSC/BNS/PER/3/54 of 28/6/91 is null and void and of no effect whatsoever, in that the procedure in the Federal Civil Service Rules was not followed.

(c) A declaration that the plaintiff is still in the employment of the defendant and that plaintiff is entitled to all his salary and allowances and or benefit…

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