(2005) JELR 45286 (CA)    

Court of Appeal  ·  CA/J/231/1999 ·  12 Jul 2005 ·  Nigeria
Other Citations
NITEL Plc. v. Akwa (2006) 2 NWLR (Pt.964)391
NITEL Plc. v. Akwa (2006) 2 NWLR (Pt. 964) 391
AMIRU SANUSI Justice of The Court of Appeal of Nigeria IFEYINWA CECILIA NZEAKO Justice of The Court of Appeal of Nigeria MOHAMMED LADAN TSAMIYA Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
lieu of notice
exhibit m
lower court
learned counsel
month salary
termination of the plaintiff
statement of claim
1st defendant
grounds of appeal
services of the plaintiff
employee of the defendant
employment vide memo
first appellant
former rank of senior officer
management board of the defendant
wrong conclusion
action of termination
breach of a fundamental term
breach of contractual terms
business of the court
decision of the federal high court yola
following reliefs
mortem exhibit
orders of this honourable court
place of original letter of termination
real letter of termination of the plaintiff
reject exhibit
relief no.
right of appeal
said letter of termination of appointment
said suit
salary b
services of the 1st defendant
terminate appointment of its employees
termination of such appointment
term of contract inter parties
unlawfulness of the defendant
view of state
weight of evidence

AMIRU SANUSI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Federal High Court Yola (Coram Edet J.) delivered on 4th June, 1998, where the learned trial Judge decided as follows:

"Accordingly, I grant reliefs Nos. 12(a), 12(c) and 12(d). In other words, I declare that the termination of the plaintiff's employment vide memo dated 28/4/89 is both wrong and unlawful, so null and void and of no effect whatsoever. I order that plaintiff's salaries and allowances from May 1989 to June 1998 be worked out by the defendant together with any increases and the sum paid to the plaintiff immediately. I both declare and order that the plaintiff's employment has never been terminated by the defendant and the same is still subsisting. Finally, reinstate the plaintiff into his former rank of Senior Officer II salary B and E level 9 to be deployed as Assistant Manager (LDC). I reject relief No. 12(a) entirely and the same is struck out for want of entitlement.

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