(2001) JELR 44239 (SC)    

Supreme Court  ·  SC.181/93 ·  26 Jan 2001 ·  Nigeria
Other Citations
Obo v. Comm. of Educ. Bendel State (2001) 2 NWLR (Pt.698) 625 (2001) 1 S.C (Pt.II) 52
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
1st defendant
study leave
2nd defendant
brother kutigi
learned trial judge
20th january
civil service rules
leading judgment
bendel state civil service
benin city
contract of employment
high court
judgment of the court of appeal
oral evidence
privilege of reading
1st defendant counter-claims
civil servant
civil service of the bendel state of nigeria
continued payment of salaries
current account
decision of the trial court
defendants judgment
defendants of the plaintiff
fair hearing
favour judgment
following terms
gross misconduct
hearing of the appeal
issue of fair hearing
joint statement of defence
lead judgment of akpabio j.c.a.
learned counsel
purported termination
reasonable doubt
reserved judgment
right thing
statement of account of the n.n.b.
statement of claim
sum of n22,739.49k
undisputed facts of the case

KUTIGI, J.S.C. (Delivering the Leading Judgment): In the High Court holden at Benin City, the plaintiff's claims against the defendants jointly and severally read as follows:-

"1. A declaration that the purported termination by the defendants of the plaintiff's appointment as a civil servant in the Civil Service of the Bendel State of Nigeria is unlawful, unconstitutional, null and void.

2. A declaration that the plaintiff is still an officer in the Bendel State Civil Service and entitled to resume his duties and functions therein and to receive and/or enjoy the rights, remuneration, benefits and privileges attached to his post and/or office.

3. A mandatory injunction restoring the plaintiff to his post and/or office and to all his rights, remuneration, benefits and privileges aforesaid.

4. And any other relief or order which the court may deem fit to grant or make in the circumstance."

Pleadings were filed and exchanged. In their joint statement of defence, the defendants counter-cla…

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