(2005) JELR 45275 (CA)    

Court of Appeal  ·  CA/IL/12/2005 ·  19 Oct 2005 ·  Nigeria
Other Citations
SALIMAN v. KWARA POLY & ORS. (2006) 5 NWLR (Pt. 974) Pg. 477
Saliman v. Kwarapoly (2006) 5 NWLR (Pt. 974) 477
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria TIJJANI ABDULLAHI Justice of The Court of Appeal of Nigeria
Core Terms Beta
investigation committee
2nd respondents
learned trial judge
1st defendant
administrative tribunal
exhibit p2
2nd defendants
employment of the 1st defendant
public service commission
purported dismissal of the plaintiff
second issue
white paper
3rd respondent
activities of the bursary unit of the polytechnic
date of the purported dismissal
exhibit c
high court
state polytechnic edict
allegation of gross misconduct
alleged act of gross misconduct
case of onagoruwa v. adeniji
civil procedure
court of law
directive of the acting rector
dismissal letter
facts of the instant case
following question
hearing of whatever nature
joint counter-affidavits
leading judgment
learned trial judge j.y. gbadeyan
nature of the employment of the appellant
notice of appeal
particular section
proved facts
provisions of s.36 of the constitution
required notice of any allegation of misconduct
rules of this court order 6rr
said grounds
services of the 1st respondent
staff of the kwara state polytechnic
state polytechnic law cap
suspension letter
trial court
want of fair hearing compliance

MUNTAKA-COOMASSIE, J.C.A. (Delivering the Leading Judgment): The appellant herein, was the plaintiff before the Hon. Justice Gbadeyan of the High Court of Justice Kwara State, holden at Ilorin. The appellant instituted this action by way of originating summons pursuant to Order 6 Rule 2 of the High Court (Civil Procedure) Rules dated 13th day of July, 2004. The originating summons was asking the High Court to determine the following question:

"Is the purported dismissal of the plaintiff, a staff of the Kwara State Polytechnic by the defendants as conveyed in a letter dated 15th April, 2004, for no stated or known cause and without any notice or hearing of whatever nature not ultra vires, unconstitutional, illegal, null and void having regard to the Provisions of S.36 of the Constitution of the Federal Republic of Nigeria, 1999, (sic) and/or the State Polytechnic Edict, No. 13 of 1987, in particular Section 33 thereof?"

After which the appellant sought the following two reliefs:-

"1. A…

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