(2002) JELR 44421 (CA)    

Court of Appeal  ·  CA/A/42/2001 ·  6 Jun 2002 ·  Nigeria
Other Citations
Daudu v. UNAM (2002) 17 NWLR (Pt.796)362
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria ALBERT GBADEBO ODUYEMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
public officers protection act
decree no.
5th respondent
lower court
3rd defendants
brief of argument
grounds of appeal
virtue of section
contract of employment
federal ministry of agriculture
learned counsel
learned trial judge
2nd respondent
3rd plaintiffs
4th respondents
5th defendant
absence of the 4th defendant
duties of the 4th defendant
effective date of removal of the affected officers
laws of the federation of nigeria
section of decree no.
supervision of the 1st respondent
1st-4th respondents counsel
1st defendant
abuse of the process of the court
civil service commission
competent authorities
court lacks jurisdiction
delegation of the 4th defendant
directive of the head of state
dismissal letters
employment of the 1st defendant
following areas
following orders
interested parties
judicial service committee
kindly refer
leading judgment
legal right
letters of termination of the appointments
office of the 1st plaintiff
reasonable cause of action
single issue
supreme court decision
trial judge
warning letters

MUNTAKA-COOMASSIE, J.C.A. (Delivering the Leading Judgment): The appellants claimed in their originating summons against the respondents as follows:

(i) A declaration that there is no provision in Decree No. 48 of 1992 as amended by Decree No. 11 of 1993, that permits or allows the 1st, 2nd and 3rd defendants, their servants or agents to perform or do all or any of the functions/duties of the 4th defendant specified in sections 3 (2), 6, 10, 11, 15 and 16 or any other section of Decree No. 48 of 1992, in the absence of the 4th defendant being duly constituted and or without the approval/delegation of the 4th defendant; and consequently every action or decision taken by the 1st, 2nd and 3rd defendants which ought to have been taken by the 4th defendant and which were taken by the 1st, 2nd and 3rd defendants in the absence of the 4th defendant or without the approval or sanction of the 4th defendant between January 1979 - 11th July, 2000 A.D.; were ultra vires null and void and of no ef…

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