(2015) JELR 45536 (SC)    

Supreme Court  ·  SC.71/2005 ·  27 Mar 2015 ·  Nigeria
WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria JOHN INYANG OKORO Justice of The Supreme Court of Nigeria
Core Terms Beta
contract of service
fair hearing
conditions of service
lead judgment
trial court
1st respondent
lower court
dismissal of the plaintiff
failure of the appellant
lower courts
case of the appellant
contract of employment
date of his dismissal
federal civil service rules
federal high court
head of state
judgment of the court of appeal
laws of the federal republic of nigeria
learned trial judge
paragraph statement of defence
public officers
special provisions
statement of claim
2nd appellant
2nd day of december
appellate court
borno state coram
breach of the constitutional right
case of the appellant fails
chief f. f. egele
civil action
concurrent findings of the said courts
conditions of employment
court of appeal jos division
date of hearing
decision of the federal high court maiduguri
face of the record
fundamental breach of his constitutional right
jurisdiction of the court
leading judgment
public servant
see macfoy v. u.a.c.
service of the 1st defendant
term of contract of service
unlawful termination of contract of employment

MARY UKAEGO PETER-ODILI, J.S.C. (Delivering The Leading Judgment): This is an appeal against the judgment of the Court of Appeal sitting at Jos affirming the decision of the Federal High Court Maiduguri, Borno State Coram: Shehu Yahaya J. dismissing the case of the Appellant.


The proceedings culminating into the present appeal were commenced before the Federal High Court, Maiduguri. The Appellant as the Plaintiff initiated the civil action against the Respondents as Defendants through a writ of Summons and statement of Claim filed on the 4th day of September, 1996 wherein he claimed as follows:

"a. A declaration that the dismissal of the Plaintiff from the service of the 1st Defendant by the letter with reference NO.CBDA./CON/26/W/504 of 3rd May, 1996 is unconstitutional, null, void and of no effect whatsoever.

b. An order reinstating the plaintiff to his working place with an Order compelling the Defendants to be promoted to the position he is entitled under th…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login