(2007) JELR 44070 (CA)    

Court of Appeal  ·  CA/J/257/2002 ·  25 Apr 2007 ·  Nigeria
Other Citations
FCE v. Pusmut (2008) 12 NWLR (Pt. 1101) 405
ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria MUHAMMAD LADAN TSAMIYA Justice of The Court of Appeal of Nigeria AHMAD OLAREWAJU BELGORE Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
public officers
federal civil service commission
laws of the federation of nigeria
special provisions
head of state
learned trial judge
brief of argument
circumstances of this case
grounds of appeal
present appeal
chief of the armed forces of the federal republic
federal civil service of nigeria
federal ministry of education
leave of this court
supreme court
above leave of this court
associate professor
careful perusal of the learned counsel
careful perusal of the submissions of the learned counsel
costs of this action
court of appeal
court of appeal rules
federal high court
following cases
implementation of the above termination
mandatory injunction
oral arguments
oral submission
record of proceedings viz
spite of the objection
statutory authority
trial court lacks jurisdiction
vexed question
wrongful dismissal

TSAMIYA, J.C.A. (Read the Leading Judgment): This appeal deals with wrongful dismissal and raises the vexed question as to whether the Head of State and Commander-In-Chief of the Armed Forces of the Federal Republic of Nigeria, who assumed office in June 1998, could validly dismiss the plaintiff with effect from 24th October, 1997 in exercising his power pursuant to Public Officers (Special Provisions) Act, Cap. 381, Laws of the Federation of Nigeria (L.F.N.) 1990.

Prior to dismissal, the plaintiff was employed by the Federal Civil Service Commission in the Federal Civil Service of Nigeria in 1987 and upon deployment to the Federal Ministry of Education, Science and Technology; the plaintiff was posted to the defendant, institution as a Lecturer. While working there, the plaintiff absconded from service since 20/10/1997 which resulted in the stoppage of his salary in 1997. Subsequently, his appointment was terminated along with others by the Head of State and Commander-In-Chief of the…

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