AVWUNUKETA
V.
NEPA

(2000) JELR 44069 (CA)    

Court of Appeal  ·  CA/B/119/98 ·  21 Mar 2000 ·  Nigeria
 · 
Other Citations
Avwunuketa v. N.E.P.A. (2001) 2 NWLR (Pt.697)279
CORAM
SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria RAPHAEL OLUFEMI ROLAND Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria
Core Terms Beta
appropriate authority
head of state
instant case
general manager
general sani abacha
mr. s. a. kida
special provisions
chief of the armed forces of nigeria
exercise of the powers
nepa installations
officer iv
sapele power station
assistant general manager
case of sabotage
learned trial judge
lower court
provisions of section
respect of any act
want of jurisdiction
attached duplicate copy
categories of names
civil proceedings
clear words
copy of the termination letter
decree no.17
delegation of authority
determining factor
federal high court
following conditions
following relief
hon. minister ministry of power
honourable minister of power
nepa staff conditions of service
paragraph affidavit
permanent pensionable appointment
personnel manager
plaintiff holds
provisions of the public officers
purported letter of termination
said decree
similar issues
special provisions decree
such proceedings
third of the issues
various acts of economic sabotage

AKINTAN, J.C.A. (Delivering the Leading Judgment): This is an appeal from the ruling delivered by Abutu, J, sitting at the Federal High Court, Benin City on 19th February, 1997, in suit No. FHC/B/19/95. The appellant, Lucky E. Avwunuketa, as plaintiff, had instituted the action against the respondent (NEPA) as defendant.

The plaintiff's claim as endorsed on the writ of summons and repeated in paragraph 24 of the statement of claim is as follows:

"1. A declaration that the purported letter of termination issued by the defendant dated 25/10/94 is contrary to NEPA Staff Conditions of Service 1978 which governs the relationship between him and the defendant and is therefore wrongful, void and of no effect whatsoever.

2. A declaration that the plaintiff holds and is still holding a permanent pensionable appointment as officer IV (Stores) in the employment of the defendant at Sapele Power Station, Ogorode, Sapele.

3. An order reinstating the plaintiff as Store Officer (IV) in the employmen…

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