(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
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
cause of action
enugu state
duties of his office
following cases
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 of perpetual injunction
plaintiff remains
state proceeding law
trial judge
action notices
action of the appellants
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…

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