OFILI
V.
CIVIL SERVICE COMMISSION

(2007) JELR 51002 (CA)

Court of Appeal · CA/B/65/2005 · 16 Feb 2007 · Nigeria

CORAM

ZAINAB ADAMU BULKACHUWA JCA ( Presided ) GEORGE OLADEINDE SHOREMI JCA ALI ABUBAKAR BABANDI GUMEL JCA ( Read the Lead Judgment )

Core Terms ^Beta

counsel

respondent

plaintiff

judicial service committee

cause of action

learned trial judge

mr. kanu

record of appeal

appellant’s action

public officers

public officers protection law

definition of a public officer

delta state

lower court

statement of claim

statutory body

decision of the learned trial judge

gumel jca

public officers protection act

virtue of section

months of the accrual of the cause

public bodies

rights of parties

code of conductfor publicofficers

constitution of the federal republic of nigeria

counsel mr. kanu

date of the accrual of the cause

employment of the defendant

execution of any such act

further applications

laws of bendel state

laws of bendel state of nigeria

lead judgment

main argument

mr. imilar e. john

mr. kalu

oral evidence

plaintiff’s action

purported termination of the plaintiff

purpose of code of conduct

reproduction of the provisions of section

respective briefs

said termination letter

single issue

state civil service

suit no. a

support of this submission

termination of the appointment of the appellant

time of the act

GUMEL JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Delta State High Court No. 3, Asaba. In a judgment dated 29 January 2004, the learned trial Judge held that the plaintiff’s/ appellant’s action in suit No. A/166/2002 was statute-barred and accordingly struck it out. In a statement of claim dated 12 September 2002 and filed on 16 September 2002, the plaintiff/appellant prayed for the following reliefs before the lower court. They are: “Adeclaration that the purported termination of the plaintiff’s appointment by a letter dated 4 August 2000, reference No. AD/C.62/5/7 is improper, invalid, null and void and of no effect whatsoever; 2. An order that the plaintiff is still in the employment of the defendant; 3. An order directing the defendant to reinstate or restore the plaintiff to his position and/or status before the purported termination without loss of salary, allowances or seniority and without prejudice to entitlements and promotions which might…

OFILI V. CIVIL SERVICE COMMISSION

OFILI
V.
CIVIL SERVICE COMMISSION