EFERAKORHO
V.
DELTA STATE JUDICIAL SERVICE COMMISSION

(2014) JELR 50898 (CA)    

Court of Appeal  ·  CA/B/242/2012 ·  5 Dec 2014 ·  Nigeria
CORAM
IBRAHIM MOHAMMED MUSA SAULAWA JCA (Presided) PHILOMENA MBUA EKPE JCA HAMMA AKAWU BARKA JCA (Read the Lead Judgment)
Core Terms Beta
appellant
respondent
fair hearing
rules
lower court
statutory flavour
new issue
present appeal
issues
delta state public service rules
board of inquiry
denial of fair hearing
further submission
judgment of the delta state high court
appellate court
civil service commission
honourable court
lead judgment
presiding officer
brief of argument
delta state house of assembly
dr. lawrence omo-aghoja
learned silk
leave of this honourable court
letter of dismissal
notice of appeal
point of law
rivers state civil service commission
appellant’s claims
barka jca
case of conspiracy
civil engineering
criminal charge
crux of the allegation
exercise of judicial discretion
failure of the appellant
fundamental right
learned appellant’s counsel
letter exhibit e7
magistrate grade
notice of a petition
notice of preliminary objection
notices of appeal
orders of court
rank of senior magistrate grade level
respondent set
rules of court
said judgment

BARKA JCA (Delivering the Lead Judgment): This appeal is against the judgment of the Delta State High Court sitting in Asaba, delivered on 6 June 2012. In the said judgment, the appellant’s claims for declaratory reliefs against his dismissal, were dismissed.

The appellant was dissatisfied with the judgment. He filed two notices of appeal dated 3 July 2012, and 23 July 2012. The latter being the notice of appeal upon which the appellant now wishes to rely on. The facts giving rise to the present appeal narrated by the appellant in his brief of argument filed on 8 October 2012 reads as follows: The appellant was appointed by the respondent on 29 July 1997, as a Magistrate Grade II. On 16 February 2007, the appellant received a notice of a petition written against him by one Dr. Lawrence Omo-Aghoja (Petitioner), captioned “Magistrate E.O. Eferakorho Esq., is not fit and proper as a presiding officer over an honourable court - he exhibits traits of extreme corruption and gross incompete…

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