(2004) JELR 45074 (CA)    

Court of Appeal  ·  CA/K/101/2000 ·  19 Jul 2004 ·  Nigeria
Other Citations
Min. of Int. Affairs v. Aliyu (2005) 3 NWLR (Pt.911)30
Min. of Int. Affairs v. Aliyu (2005) 3 NWLR (Pt. 911) 30
BABA ALKALI BA’ABA Justice of The Court of Appeal of Nigeria JOSEPH JEREMIAH UMOREN Justice of The Court of Appeal of Nigeria STANLEY SHENKO ALAGOA Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
jurisdiction of the state high court
trial court
learned counsel
cause of action
cross appeal
preliminary objection
3rd appellant
arms of the federal government
constitution of the federal republic of nigeria
state high court
issue number
jurisdiction of the trial court
provisions of the constitution
statement of claim
trial judge
address of counsel
administrative action
amended statement of claim
case of the plaintiff
decision of the learned trial judge
dictum of the supreme court
exclusive jurisdiction
facts of the case
federal civil service rules
federal high court
immediate reinstatement of plaintiff
judgment of the kano state high court of justice
laws of the federation of nigeria
leading judgment
material time
number of years
plaintiff claims
result of various hearing notices
rule of audi alterim pattem
said provisions of the constitution
service of 3rd defendant
staff of the 3rd appellant
state of comma
support of his case
supreme court
supreme court case of utih
virtue of the provisions of section
written addresses of both counsel

BA'ABA, J.C.A. (Delivering the leading judgment): This is an appeal and a cross appeal against the judgment of the Kano State High Court of Justice delivered on 14th December, 1999, by Alkali, J. The respondent was the plaintiff at the trial court where he instituted an action against the appellants who were the defendants, claiming per paragraph 22 of his amended statement of claim as follows:

"WHEREFORE the plaintiff claims against the Defendant jointly and severally as follows

(a) A declaration that his purported dismissal from service of 3rd defendant was unfair, against the rule of audi alterim pattem, unconstitutional and wrongful.

(b) A declaration that the purported dismissal was with retrospective effect, vindictive and therefore void.

(c) A declaration that the procedure adopted by 3rd defendant treating plaintiff's case whereby plaintiff's fate was left to hang in the air for a period of 8 years and 8 months was irregular intimidating and contrary to Federal Civil Service…

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