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SANDA
V.
KUKAWA LOCAL GOVERNMENT & ANOR.

(1991) JELR 43046 (SC)

Supreme Court 8 Mar 1991 Nigeria
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- The appellant, formerly Village Head of Gashagar, challenged his summary removal by Kukawa Local Government (communicated by letter dated 12 December 1983) as unlawful, seeking reinstatement, damages, and injunctive relief in the High Cou

Case Details

Suit Number:SC.122/1987
Judges:MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria EPHRAIM OMOROSE IBUKUN AKPATA Justice of The Supreme Court of Nigeria
Counsel:Appellant absent and unrepresented. For Appellant L.B.J. Nggilari, Solicitor-General, Borno State Ministry of Justice - for the 1st Respondent.2nd Respondent absent and unrepresented. For Respondent
Other Citations:Sanda v. Kukawa Local Government (1991) 2 NWLR (Pt.174)379 (1991) 3 SCNJ 35 (1991) 3 S.C 45, (1991) 2 NWLR (Pt. 174) 379, (1991) JELR 72683 (SC)

A. B. WALI, JSC (Delivering the Leading Judgment): The only issue that arises for determination in this appeal is whether the Court of Appeal was right in holding that the appellant's action, having not been commenced within the period prescribed by Section 175 of the Local Government Law 1976 of Borno State, was statute barred. The appellant's claim in the Maiduguri High Court of Borno State was for-

"(a) A declaration that this purported termination from the service of the Kukawa Local Government as the Village Head of Gashagar from the 12th day of December, 1983 and the appointment and installation of the 2nd defendant as the Village Head of Gashagar is wrongful, unconstitutional and therefore null and void. And that he is entitled to continue in his office as the Village Head of Gashagar.

(b) An interim injunction restraining the first defendant from appointing anybody as the Village Head of Gashagar until the matter is determined.

(c) A payment of the sum of (N10,000.00) Ten thou…

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