(2007) JELR 44032 (CA)    

Court of Appeal  ·  CA/I/143/2003 ·  21 Jun 2007 ·  Nigeria
JOHN AFOLABI Justice of The Court of Appeal of Nigeria FABIYI Justice of The Court of Appeal of Nigeria AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria JOHN INYANG OKORO Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
orderly room trial
exhibit p2
learned trial judge
trial court
corrupt practices
exhibit p1
inspector of police
1st respondent
1st schedule of police regulation no.
2nd respondent
assistant-inspector-general of police
nigeria police force
police authorities
services of the nigeria police force
bad reasons
brief of argument
civil action
count charges of disciplinary offence
court of law
criminal investigation bureau of the nigeria police
decision of the delegated officer
end of the court case
exhibit p2 shows
false imprisonment
following conclusion of the lower court
general damages
high court
ibadan high court of oyo state
john afolabi fabiyi
leading judgment
leave of court
orderly room charge no. dcs
proof of the plaintiffs claim
purported dismissal of the plaintiff
right track
said recommendation
simple definition of the word
trial of the appellant
unchallenged evidence
unnecessary exercise of authority
view of the fact
weight of evidence
wrongful dismissal

AUGIE, J.C.A.: (Delivering the Leading Judgment): The Appellant was an Inspector of Police attached to the Criminal Investigation Bureau of the Nigeria Police, Eleyele, Ibadan. In 1986, a civil action for false imprisonment was instituted against him and two other Policemen in Suit No: 1/350/86 filed at an Ibadan High Court of Oyo State, which found Appellant and another Constable liable and awarded the sum of N6,000.00 as damages against them. They appealed against the Judgment; however while the appeal was still pending, they were tried in an orderly room trial and recommended for dismissal, which was upheld by the 2nd Respondent who dismissed the Appellant with effect from 25th of April 1988. The Appellant appealed to the 1st Respondent but his appeal was disallowed, When all efforts to get him reinstated failed, he instituted the action that culminated in this appeal at the High Court, lbadan, wherein he claimed for a-

1. Declaration that the purported dismissal of the Plaintiff …

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