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DONGTOE
V.
CIVIL SERVICE COMMISSION, PLATEAU STATE

(2001) JELR 42950 (SC)

Supreme Court 20 Apr 2001 Nigeria
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- The appellant, a civil servant dismissed for alleged conspiracy and theft, brought an action in the Plateau State High Court seeking declaratory and injunctive reliefs via the Fundamental Rights (Enforcement Procedure) Rules 1979, claimin

Case Details

Suit Number:SC.139/1995
Judges:ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria OKAY ACHIKE Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria
Counsel:Appellant absent and unrepresented. For Appellant S.M. Shuaibu, Director of Civil Litigation, Ministry of Justice, Plateau State (with him. J. Giwa, Principal State Counsel Ministry of Justice, Plateau State) For Respondent
Other Citations:DONGTOE V. CIVIL SERVICE COMMISION, PLATEAU STATE (2001) 4 S.C. (PART II) 43

KARIBI-WHYTE, JSC (Delivering the Leading Judgment): The appeal in this case is again one of the now familiar cases in which the aggrieved resorts to the procedure for seeking relief under the fundamental rights provisions of the Constitution for wrongs where the breach of the Constitutional provision is not applicable and stricto sensu merely ancillary. See Ndigwe v. lbekendu (1998) 7 NWLR (Pt.558) 470; Osazuwa v. E.S.C.S.C (1999) 4 NWLR (Pt.597) 155 SC. UNTHMB v, Nnoli (1994) 8 NWLR (Pt.363) 376;Bamgboye v. Univ. of Ilorin (1999) 10 NWLR (Pt.622) 290, Nnamdi Azikiwe University v. Nwafor (1999) 1 NWLR 116, The principal claim and all the reliefs claimed in this case relate to dismissal of the appellant from his employment. None of the reliefs is within the provisions of Chapter IV of the Constitution; The claim was by motion on behalf of the applicant praying this court for an order or orders:

1. Granting the applicant leave to apply for an order enforcing his fundamental rights agai…

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