KWARA STATE POLYTECHNIC, ILORIN & IR,
V.
SALIU & OR

(2012) JELR 49318 (CA)

Court of Appeal · CA/IL/93/2010 · 2 Jul 2012 · Nigeria

CORAM

IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria OBANDE F. OGBUINYA Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

respondents

counsel

regulations

appellants

conditions of service

allegation of misconduct

compulsory retirement

learned trial judge

public interest

trial court

appointment of the respondents

grounds of appeal

learned acting chief judge

contract document

fair hearing provisions of chapter

letters of termination of appointment

lower court

retirement of the respondents

retiring age

termination of appointment

compulsory retirement of the claimants

lone issue

polytechnic staff

regulation governing conditions of service

reliefs of the respondents

terms of employment

terms of the claimants

years of service

academic staffs of the kwara state polytechnic

argument of the learned counsel

brief fact of the case shows

brief of argument

case of academic staff

chief judge of kwara state

conditions of the service

draw inference

employment of the claimants

face of the counter affidavit

global construction of the terms of employment

kwara state

learned trial court

matter of fact

provisions of the state polytechnic law

reasonable inference

required procedure

said retirement

sole issue

staff of the polytechnic

statutory procedures

ITA G. MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgement of Hon. Justice S. D. Kawu (Acting Chief Judge of Kwara State, as he then was) in suit no. KWS/164/2009, delivered on 17th June, 2010, wherein the learned Acting Chief Judge granted all the reliefs of the respondents (who were claimants at the lower court), and specifically ordered that the Respondents be reinstated in their offices, with all their rights and privileges, from the date of their purported compulsory retirement, and their salaries, emoluments and entitlements paid, from the date of purported compulsory retirement, till date of re-instatement.

In their reliefs, as per the originating summons, the Respondent, had prayed as follow:

(1) "A declaration that the purported compulsory retirement of the claimants convered by letters dated 18th June, 2009 is ultra vires, unlawful, null and void having regard to the terms of the claimants' appointment with the Polytechnic, the Regulation…

KWARA STATE POLYTECHNIC, ILORIN & IR, V. SALIU & OR

KWARA STATE POLYTECHNIC, ILORIN & IR,
V.
SALIU & OR