MUHAMMED LAWAL SHUAIBU, JCA (Delivering the leading judgment): This appeal is against the judgment of the National Industrial court, sitting in Calabar delivered on 3rd June, 2015 in which judgment was entered in favour of the claimant (now respondent). The respondent’s husband was engaged on a temporary appointment by the erstwhile Polytechnic, Calabar as Auditor in the Audit Department on 21st of November, 1991. He was subsequently offered permanent appointment as Internal Auditor and his appointment was confirmed vide a letter dated 9th May, 1994 with effect from 21st November, 1995. He rose to the position of Senior Internal Auditor before his appointment was terminated on allegations of serious misconduct; gross insubordination and dereliction of duty vide a letter dated 9th April, 2001.
Miffed by the appellant’s termination of his employment, he instituted an action by a complaint at the lower court. In paragraph 26 of the Amended Statement of claim, the respondent averred:-
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