ADAH
V.
NYSC

(2004) JELR 45025 (SC)    

Supreme Court  ·  SC.196/2000 ·  16 Jul 2004 ·  Nigeria
 · 
Other Citations
Adah v.NYSC (2004) 13 NWLR (Pt.891) 639 (2004) 19 NSCQR 220
CORAM
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
Core Terms Beta
jurisdiction
jurisdiction
court
court
action
action
cause of action
cause of action
issues
issues
law
law
respondent
respondent
benue state high court
court of appeal
federal high court
federal high court
decree no.
decree no.
attorney-general bendel state
attorney-general bendel state
federal government
federal government
proper procedure
proper procedure
specific performance
specific performance
trial high court
trial high court
above reasons
above reasons
administrative action
administrative action
appellate jurisdiction
appellate jurisdiction
basis of the constitution
basis of the constitution
benue state
benue state
considered judgment
considered judgment
date of the cause of action
decree no.107
decree no.107
exclusive jurisdiction
exclusive jurisdiction
exercise jurisdiction
exercise jurisdiction
federal government agency
final court
final court
further appeal
further appeal
high court of benue state
high court of benue state
inter alia
inter alia
judgment of the court
judgment of the court
jurisdiction of a court
jurisdiction of a court
kutigi j.s.c.
leading judgment
leading judgment of chukwuma-eneh
leading judgment of chukwuma-eneh
learned justice of appeal
learned justice of appeal
main thrust of the appellant
main thrust of the appellant
military government
military government
pats-acholonu
pats-acholonu
provisions of paragraphs
provisions of paragraphs
provisions of section
provisions of section
question of the jurisdiction of the high court
respect of a cause of action
respect of a cause of action
said law
said law
subject-matter
subject-matter
supreme court
supreme court
trial court
trial court
unlikely event
unlikely event
view of s.230
view of s.230

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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