ATT.-GEN., CROSS RIVER STATE
V.
OKON

(2007) JELR 57717 (CA)    

Court of Appeal  ·  CA/C/95/2005 ·  31 May 2007 ·  Nigeria
CORAM
NWALI SYLVESTER NGWUTA JCA (Presided) JEAN OMOKRI JCA MOJEED ADEKUNLE OWOADE JCA (Read the Lead Judgment)
Core Terms Beta
section
governor
permanent secretary
office
respondent
civil service rules
appellants
pleasure of the governor
issue no.
public service
head of the civil service of the state
political appointees
statutory flavour
appellants’ counsel
civil service
governor of a state
issues
lower court
public service of the federation
brief of argument
civil servant
express mention
lead judgment
learned counsel
canons of interpretation
exercise of the power
provisions of the civil service rules
state government
virtue of section
clear limitation
common characteristic
constitutional power
gift of the governor of the state
head of the civil service
high court of cross river state
judgment of agube j
learned trial judge
member of the personal staff of the governor
none of the said offices
none of these officers
office of permanent secretary
powers of the defendants
premature retirement of the plaintiff
provision of part ii third schedule
public body
said section
substantive civil service career position
unique category of persons
wrongful termination of the career appointment of the plaintiff

OWOADE JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Agube J delivered on the 5th day of June, 2003 by Emilia Ibok J.

The respondent as plaintiff before the lower court instituted the action by a writ of summons dated 21st September, 1999 in the High Court of Cross River State and claimed against the defendants jointly and severally as follows:

A declaration that the purported malicious, vexatious and premature retirement of the plaintiff from the substantive civil service career position as permanent secretary was done mala fides therefore ultra vires the powers of the defendants and not in accordance with any procedure permitted by law. An order reinstating the plaintiff to his substantive career position as permanent secretary in the civil service of Cross

River State.

In the alternative to (2) above.

Damages of N50,000,000.00 (fifty million naira) to the plaintiff for wrongful termination of the career appointment of the plaintiff by the defendants…

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