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AZENABOR
V.
BAYERO UNIVERSITY, KANO & ANOR.

(2009) JELR 47707 (CA)

Court of Appeal 28 May 2009 Nigeria
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- The Appellant, initially employed by the 1st Respondent as a Chief Typist and later promoted, was suspended and subsequently terminated following allegations of forgery and attempted fraud, although he was discharged (not acquitted) by a

Case Details

Suit Number:CA/K/134/2001
Judges:AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria JOHN INYANG OKORO Justice of The Court of Appeal of Nigeria MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria
Counsel:O. E. B. Offiong with K. B. Olawoyin For Appellant For the Appellant Dr. S. E. Mosugu For Respondent
Other Citations:AZENABOR V. BAYERO UNIVERSITY, KANO (2009) 17 NWLR (Pt. 1169) 96 C.A.

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): Three years after the 1st Respondent employed the Appellant as a Chief Typist in November, 1987, he was re-designated Higher Executive Officer (Accounts), and four years later, was promoted to Senior Executive Officer (Accounts). However, following an allegation of forgery and attempt to defraud the University of over N5.6 Million, he was suspended and later arraigned before a Chief Magistrate Court in Kano. After he was discharged but not acquitted by the Chief Magistrate Court, he wrote a letter dated 4th May, 1995 to the 1st Respondent requesting that he should be re-instated. But to his dismay, he received a termination letter dated 24th September, 1995.

Aggrieved by the termination of his appointment, the Appellant filed an action at the Federal High Court, Kano, wherein he claimed -

a) A declaration that the purported termination of appointment of the plaintiff by the defendants is unconstitutional, unlawful, ultra v…

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