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…

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