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V.
ALIYU

(2004) JELR 45074 (CA)

Court of Appeal 19 Jul 2004 Nigeria
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- The respondent (plaintiff at trial) challenged his dismissal from the service of the 3rd defendant, a Federal Government agency, alleging unfair, unconstitutional, and wrongful termination, and sought declarations to that effect, reinstat

Case Details

Suit Number:CA/K/101/2000
Judges: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
Counsel:J. Y. Adaramola, Esq. (holding the brief of Vivian Chiazor [Mrs.]) For Appellant S. A. Nasir, Esq. For Respondent
Other Citations:Min. of Int. Affairs v. Aliyu (2005) 3 NWLR (Pt.911)30

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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