(2002) JELR 44567 (CA)    

Court of Appeal  ·  CA/A/2/2000 ·  3 Jun 2002 ·  Nigeria
Other Citations
Balogun v. N.C.S.B. [2003] 2 NWLR (Pt. 804)pg.389
Balogun v. N.C.S.B. (2003) 2 NWLR (Pt. 804) 389
DAHIRU MUSDAPHER Justice of The Court of Appeal of Nigeria MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria
Core Terms Beta
board of customs
decree no.
assistant superintendent of customs
dismissal of the appellant
federal high court
learned trial judge
said provisions
above law
appellant urges
argument of counsel
cause of action
construzioni general fcs
construzioni general fsc
decision of the trial
filing of pleadings
given time period
golden rule of interpretation
individual members of the board
intendment of the said provisions
leading judgment
letter reference
nigerian customs service board
notice of preliminary objection
ports act
proper interpretation of s.5
provisions of laws
public officer
respect of a dismissal
similar statutes
subject-matter of the suit
such act
superior courts
superior courts of records
trial court
true construction of the section
unambiguous provision of the said decree
use of the words

BULKACHUWA, J.C.A. (Delivering the Leading Judgment): The appellant as plaintiff, before the Federal High Court, Abuja, initiated this action vide a writ of summons filed on the 15th day of April, 1998, whereby he claims the following reliefs:

"1. A declaration that, the letter reference No, NCS/ ABJ/AP and D/94/S.3/736, dated 1st of August, 1996, dismissing him from service is illegal unconstitutional, null and void.

2. An order that, he be reinstated as Assistant Superintendent of Customs with payment of all his salaries and allowances from 16th of May, 1996, and without loss of increment, promotions and other privileges, he may be entitled to as Assistant Superintendent of Customs.

Before the filing of pleadings, however, the respondent filed a notice of preliminary objection on the ground that, the action is statute barred, having not been filed within three months, when the cause of action arose as provided for by the Board of Customs and Excise (Amendment) Decree No. 77 1993.


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