ENUGU STATE CIVIL SERVICE COMMISSION & ORS.
V.
GEOFREY

(2006) JELR 39976 (CA)

Court of Appeal · CA/E/178/2004 · 27 Nov 2006 · Nigeria
·

Other Citations

E.S.C.S.C. v. Geofrey (2006) 18 NWLR (Pt.1011)

E.S.C.S.C. v. Geofrey (2006) 18 NWLR (Pt. 1011) 293

CORAM

RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

appellants

respondent

cause of action

enugu state

duties of his office

cross-appellant

following cases

issue

cross-respondents

mandatory order

civil servant

court settlement

learned counsel

learned trial judge

prevention of the plaintiff

22nd day of september

22nd may

immediate effect

judicial process

order

order of perpetual injunction

plaintiff remains

state proceeding law

trial judge

action notices

action of the appellants

a.-g.

agreed terms

circumstances of the case

conclusion of hearing

copious evidence

decision of an enugu state high court

employment of the enugu state civil service

enugu state civil service commission

favour of the respondent

following reliefs

grant of relief

industrial action

leading judgment

necessary implication

parties compromise

period of limitation

privileges of a bona fide

public servant

respondent cross

said exhibit

trial court

BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of an Enugu State High Court in suit No. E/683/2001 - Enugu State Civil Service Commission and 2 others v. Agu Geofrey, delivered on the 22nd day of September 2003 wherein it was held inter alia that the prevention of the plaintiff now respondent by the defendants now appellants from carrying out the functions and duties of his office is unconstitutional, illegal, null and void in that it is contrary to the provisions of the Anambra State Civil Service Rules (applicable to Enugu State) and that the plaintiff remains in the employment of the Enugu State Civil Service with all the rights and privileges of a bona fide civil servant in Enugu State including salaries and other benefits attached to his office.

In order to appreciate this appeal, it is necessary to refer to the facts leading to the appeal. Briefly the facts are that the respondent a public servant under the Public Service of Enugu State w…

ENUGU STATE CIVIL SERVICE COMMISSION & ORS. V. GEOFREY

ENUGU STATE CIVIL SERVICE COMMISSION & ORS.
V.
GEOFREY