(2001) JELR 44261 (CA)    

Court of Appeal  ·  CA/K/31/97 ·  12 Jul 2001 ·  Nigeria
Other Citations
NITEL Plc. v. Awala (2002) 3 NWLR (Pt. 753)1
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria
Core Terms Beta
civil servant
trial court
public servant
public service
criminal proceedings
civil service
civil service rules
criminal charge
kva panel
new condition of service
board of nitel
favour of the plaintiff
limited liability company
record shows
time of his dismissal
above exposition of the law
abuse of the court process
admission of the respondent
appeal conclusion
circumstances of the case
condition of service of nitel staff
course of the respondent
court orders
criminal offence
election of the respondent
employment of the appellant
entire staff
evidence of the respondent
first part
honourable court
issues of the parties
kano high court
leading judgment
letter of appointment
light of the circumstances of this case evidence
misconception of the law
position of the principal of nitel training school
respondents question
said court
service of the appellant
service of the federal public service
service of the ministry of communication
special character
suspension of the respondent

OMAGE, J.C.A. (Delivering the Leading Judgment): The respondent was until 6/4/87, in the employment of the appellant known now as Nitel. Prior to this, the respondent was appointed into the service of the Ministry of Communication, and in the service of the federal public service, under the Ministry of Establishment. By the admission of the respondent, the entire staff in the public service, in the Ministry of Communication were in 1984, given an option to elect which of the existing three bodies will be its employer. The three bodies are: (1)(i) the Ministry of Establishment (ii) the Nitel, and (iii) Nipost. The evidence of the respondent in this appeal in the court below, show that he elected to go to the Nitel. Before the conversion in 1984, when the respondent elected to go to the Nitel, his status with the Ministry of Establishment was one of the Chief Engineer. Upon the election of the respondent to go to the Nitel he was designated as Senior Manager. The respondent was given a …

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