(2009) JELR 45832 (CA)    

Court of Appeal  ·  CA/L/272/06 ·  8 Apr 2009 ·  Nigeria
ISA AYO SALAMI (OFR) Justice of The Court of Appeal of Nigeria CLARA BATA OGUNBIYI Justice of The Court of Appeal of Nigeria RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria
Core Terms Beta
appropriate authority
faan act
head of state
public officers
special provisions
chief of the armed forces
constitution of the federal republic of nigeria
execution of any enactment
public duties
respect of any alleged neglect
such enactment
a.g. bendel state v
amended notice of appeal
briefs of argument
clara bata ogunbiyi
contentious s.
corrupt practices
employment of the appellants
faan act no.9
federal airports authority of nigeria act
federal high court
full understanding of the issue
government agency
government property
head of department
isa ayo salami
leading judgment
learned trial judge
letter of termination
letter of termination of appointment
only ground of appeal
preliminary objection
provisions of the public officers
public duty
public service
raphael chikwe agbo
respondent of the appellants
servants of the respondent
services of the federal airports authority of nigeria
special provision
termination of their appointments
terms of their contract

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment): The appellants were in 1995 servants of the respondent. In 1995, the respondent terminated the employment of the appellants along with several others claiming to have received the approval so to do from the Head of State and Commander-in-Chief of the Armed Forces and founding their authority so to do on S.1(1) of the Public Officers (Special Provisions) Act 1983 (Decree 17). All attempts to resolve the matter administratively failed and in 2003 each of the appellants filed a suit at the Federal High Court challenging the termination of their appointments. The three suits were consolidated. Upon service on the respondent of the appellants' writs of summons and Statement of Claim, the respondent challenged the competence of the suits on the ground that they were statute barred contrary to S. 26 of the Federal Airport Authority of Nigeria Act NO.9 of 1996 which provides that any action against the respondent not brought withi…

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