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PSYCHIATRIC HOSPITALS MANAGEMENT BOARD
V.
EDOSA

(2001) JELR 49396 (SC)

Supreme Court 23 Feb 2001 Nigeria
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- The plaintiff, a senior catering officer (Level 07) at the Psychiatric Hospital, Uselu, was accused of stealing food items, suspended, and subsequently dismissed by two termination letters, first by the Medical Director and later by the B

Case Details

Suit Number:SC.163/1995
Judges:ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria
Counsel:Okiemute Mudiaga Odje (with him, Funke Anuwa) -for the Appellant For Appellant Respondent absent and unrepresented For Respondent
Other Citations:Psychiatric Hospitals Mgt. Board v. Edosa (2001) 5 NWLR (Pt.707) 612 (2001) 2 S.C 180

WALI, J.S.C. (Delivering the Leading Judgment): I dismissed this appeal and reserved my reasons for doing so today which I now proceed to give.

The plaintiff's claim as pleaded in paragraph 35 of the Statement of Claim is as follows:-

"WHEREOF the plaintiff claims against the defendant:-

1. A declaration that the purported termination from the services of the defendant by two letters viz letter No. PH/PE. 1030/61 of 23rd December, 1987 and letter No. PHMB/15/IV/556 dated 28th March, 1988 are unconstitutional, illegal, ultra vires, null and void and of no effect.

2. An order re-installting the plaintiff to her position in the defendant's employment with effect from the said 24th December, 1987.

3. An order that all the plaintiff's salaries, allowances, claims entitlements and benefits due and payable be paid to the plaintiff with effect from the date of her suspension.

Dated at Benin City, this 17th day of November, 1988.

(Sgd.)? ?

The defendant denied the claim, filed a statement of…

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