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ADAH
V.
NYSC

(2004) JELR 45025 (SC)

Supreme Court 16 Jul 2004 Nigeria
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- The appellant, employed as a driver by the respondent (a Federal Government agency), was suspended and subsequently had his employment terminated after an accident in 1991; he challenged his suspension and termination in the Benue State H

Case Details

Suit Number:SC.196/2000
Judges:IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Supreme Court of Nigeria
Counsel:Appellant absent and not represented. For Appellant Ahmed, T. Ibrahim (with him, N. J. Uwaya, Esq., H. A. Nwala; Christiana Erekosima [Miss]) For Respondent
Other Citations:Adah v.NYSC (2004) 13 NWLR (Pt.891) 639 (2004) 19 NSCQR 220, (2003) JELR 58084 (CA)

UWAIFO, J.S.C. (Delivering the Leading Judgment): The appellant was employed as a driver by the respondent in 1977. He was based in the respondent's office in Makurdi. In the course of his official duty in December, 1990, he was involved in an accident. He was issued with a query and suspended from duty. On 28 June, 1991, his employment was terminated. On 28 July, 1995, he instituted an action in the Benue State High Court, holden at Makurdi in which he claimed for (a) a declaration that his suspension from duty was null and void; (b) a declaration that the termination of his employment was null and void; (c) a declaration that he is still in the employment of the respondent, and (d) an order reinstating him as driver and for the payment of all his entitlements and allowances including the salary due to him.

The main thrust of the appellant's case was that the proper procedure was not followed before his employment was brought to an end. On 26 June, 1996, in a considered judgment, Pu…

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