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KALANGO
V.
THE GOVERNOR OF BAYELSA STATE

(2009) JELR 52681 (SC)

Supreme Court 13 Feb 2009 Nigeria
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Case Details

Suit Number:SC.239/2002
Judges:DAHIRU MUSDAPHER JSC (Presided and Read the Lead Judgment) GEORGE ADESOLA OGUNTADE JSC IKECHI FRANCIS OGBUAGU JSC PIUS OLAYIWOLA ADEREMI JSC MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC
Counsel:Chief Kola Babalola - for the Appellant. -*- H.P.M. Apeli Esq., D.C.L. Bayelsa State - for the Respondents.

MUSDAPHER JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal Port Harcourt Division appeal No. CA/PH/159/2000 delivered on 28 May 2000 in which thecourt dismissed the appeal of the appellant herein against the ruling on a preliminary objection against the appellant’s suit on the grounds of jurisdiction. The trial courtupheld the preliminary objection. The matter started this way: in the Federal High Court in the Port Harcourt Division and in suit No. FHC/PH/936/96 , the appellant herein, as the plaintiff challenged his compulsory retirement from the services of Bayelsa State Government whereby in his writ he claimed as follows: “1. A declaration of this honourable court that the purported

“compulsory retirement” of the plaintiff from the civil service of Bayelsa State in “public interest” without any prior query , indictment or known offence is null and void and of no effect whatsoever in that it contravenes the provisions of the 1979 Co…

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