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AVRE
V.
NIPOST

(2014) JELR 42233 (CA)

Court of Appeal 27 Mar 2014 Nigeria
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- The appellant, a Nigerian Postal Service employee, was granted one-week permission to travel from Jalingo to Lagos in September 2002 but failed to return or sufficiently communicate his extended absence, which lasted until January 2003. -

Case Details

Suit Number:CA/L/355/07
Judges:AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria
Counsel:I.A. Ovbagbedia, Esq., with A. Atife, Esq. For Appellant M. O. Sule, Esq., For Respondent

AMINA ADAMU AUGIE, JCA (DELIVERING THE LEADING JUDGMENT): The appellant joined the respondent's service in April 1990. In March 2002, he was moved from Lagos to Jalingo, Taraba State, and reported on 17/6/2002. However, his pay-point was not transferred to Jalingo, and he had to travel to Lagos every month to collect his salary. In September 2002, he sought and was given permission by his immediate boss to travel out of station on 27/9/2002.

Apart from a phone call from him a week later to say that he was sick; his office did not see or hear from him. In December 2002, the Area Postal Manager, Taraba Territory, wrote a letter to his wife dated 3/12/3003; it reads-

"I wish to enquire for the whereabouts of your husband Mr. J. O. Avre (weather (sic) all is well. This is because record in our office shows that the above-mentioned officer took an excuse of few days to see his family on 27/9/2002 and only phoned once from Lagos to say that he was sick and up till this time of writing nothing…

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