(2011) JELR 46112 (CA)    

Court of Appeal  ·  CA/AE/24/2010 ·  14 Jul 2011 ·  Nigeria
UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria HARUNA M. TSAMMANI Justice of The Court of Appeal of Nigeria
Core Terms Beta
statutory flavour
learned counsel
trial court
1st appellant
generic guidelines
public service rules
conditions of service
favour of the respondent
learned trial judge
statement of defence
judgment of the trial court
present case
rules of natural justice
termination of his appointment
trial judge
appointment of the respondent
reinstatement of the respondent
14th november
federal civil service commission
federal public service
leading judgment
letter of appointment
nursing officer
public servant
appointment of the plaintiff
babatunde v. oshogbo steel rolling
case of amodu v. amode
civil service rules
contention of the learned counsel
following conditions
following order
high court
issues of employment of the 1st appellant
judgment of the federal high court
letter reference no. fmc
medical doctor
necessary order
ondo state
ordering reinstatement of the plaintiff-respondent
original notice of appeal
reference no fmc
senior staff
sole ground
submission of counsel
wrongful termination

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): This appeal arose from the judgment of the Federal High Court, Akure, Ondo State presided over by Lambo J. Akanbi, J delivered on the 2nd day of October, 2007, the suit was subsequently transferred to the Ado-Ekiti Judicial Division of the Federal High Court on creation of same.

The respondent herein was the plaintiff in the High Court, a nursing officer employed by the 1st appellant herein (then defendant) on the 24th day of September, 1999 as a Nursing Officer I. The letter of appointment is dated 24th September 1999, with reference NO FMC/ID |EK/ADM/678. By a letter reference No. FMC/ID/EK/232 dated 14th November, 2002 the respondent was confirmed. He was by a letter dated 13th July, 2004, Ref. No. FMC/ID/EK/P.158 /41 promoted to Principal Nursing Superintendent Grade II, a Senior Staff. The appellants found the respondent culpable for his role in refusing to allow a Medical Doctor perform an operation in the theatre, whic…

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