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IBRAHIM
V.
JUDICIAL SERVICE COMMITTEE, KADUNA STATE & ANOR.

(1998) JELR 45648 (SC)

Supreme Court 18 Dec 1998 Nigeria
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- The appellant, a retired judge, challenged his retirement as invalid and sought a declaration that it was null and void. - The main issues for determination in this appeal were whether the defendants fell within the protection of the Publ

Case Details

Suit Number:SC.130/1990
Judges:ABUBAKAR BASHIR WALI JSC IDRIS LEGBO KUTIGI JSC MICHAEL EKUNDAYO OGUNDARE JSC SYLVESTER UMARU ONU JSC ANTHONY IKECHUKWU IGUH JSC
Counsel:K. Awodein, Esq. For the Appellant; M. B. Wakili, Esq.,S. A. Balarabe, Esq., Assistant Director of Legal Drafting) For the Respondent.
Other Citations:Ibrahim v. JSC (1998) 14 NWLR (Pt. 584) 1

IGUH, J.S.C. (Delivering the Leading Judgment): The proceedings leading to this appeal were first initiated in the High Court of Justice of Kaduna State of the Federal Republic of Nigeria, holden at Kaduna on the 28th day of April, 1986. In that court, the appellant, as plaintiff, claimed against the respondents, then defendants, by way of an originating summons as follows:-

"1. A declaration that the purported retirement of the plaintiff as an Upper Area Court Judge in Kaduna State by the first defendant is invalid, null and void and of no effect.
2. A declaration that the retirement of the plaintiff as conveyed by the 1st defendant's letter reference No. S. CAC/549/72 of 8th February, 1985 in so far as it purports to be in accordance with the provisions of the Public Officers (Special Provisions) Decree No. 17 of 1984 is illegal, null and void and of no effect.
3. An order restoring the plaintiff to his office and duty as an Upper Area Judge and to continue to so function until he r…

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