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EKEAGWU
V.
THE NIGERIAN ARMY & ANOR.

(2006) JELR 37957 (CA)

Court of Appeal 12 Jan 2006 Nigeria
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- The appellant, a former Captain in the Nigerian Army, challenged his compulsory retirement following a prior successful suit for wrongful dismissal in which the court declared his earlier dismissal null and void but refused reinstatement

Case Details

Suit Number:CA/A/43/2004
Judges:VICTOR AIMEOPOMO OMAGE Justice of The Court of Appeal of Nigeria MARY U. PETER ODILI Justice of The Court of Appeal of Nigeria OLABODE RHODES-VIVOUR Justice of The Court of Appeal of Nigeria
Counsel:Chukwuma-Machukwu Ume (with him, I. M. Njoka, Esq.) For Appellant Kolapo Adebale, Esq. (with him, A. Igwe) For Respondent
Other Citations:(2006) 11 NWLR (Pt. 991) 382, Ekaegwu v. Nigerian Army (2006) 11 NWLR (Pt.991) pg.382

RHODES-VIVOUR, J.C.A. (Delivering the Leading Judgment): The appellant as plaintiff sued the respondents as defendants in the Federal High Court, Abuja claiming the following reliefs:

(1) A declaration that the compulsory retirement of the plaintiff by the 1st defendant through a letter (ref. NA/278/1/A) dated 18/6/01 is illegal, null and void, as it was based on a criterium that never existed.

(2) An order reinstating the plaintiff as a Captain of the Nigerian Army and directing an accelerated promotion of the plaintiff to the rank of a full Colonel or any other rank that he would have attained if the 1st defendant had not stagnated his growth in the Nigerian Army.

Alternatively:

N130,000,000.00 (One hundred and thirty million Naira) being general damages against the defendants for loss of expectation in the plaintiff's chosen career as a result of the illegal action of the defendants, and for the trauma and psychological torture suffered by the plaintiff as a result of the illegal a…

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