C. A. OPUTA, JSC (Delivering the Leading Judgment): In the Court of first instance - the Ibadan Judicial Division of the Oyo State High Court - the Plaintiff claimed two Declarations, an Order for specific performance and an injunction as follows:-
"1. Declaration that the letter of the 31st March, 1978 reference No. NIS/SS/Conf.397 written by the Defendants to the Plaintiff indicating that the defendants are unable to regard the Plaintiffs services with the Old Institute as having been transferred to the New Institute is ultra vires the Nigerian Institute of Social and Economic Research Decree No. 70 of 1977, is illegal, null and void
OR In the alternative
2. Declaration that in as much as the Plaintiff's appointment was not transferred from the Old Institute to the New Institute the defendant has no power to determine the plaintiffs appointment.
Declaration that the Plaintiff holds a permanent appointment until he is 60 years of age and cannot be removed by the defendant or any Coun…
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