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SHAKS
V.
CHIEF OF AIR STAFF & ANOR

(2018) JELR 38356 (CA)

Court of Appeal 11 May 2018 Nigeria
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Case Details

Suit Number:CA/A/01/2017
Judges:ABDU ABOKI Justice of The Court of Appeal of Nigeria TINUADE AKOMOLAFE-WILSON Justice of The Court of Appeal of Nigeria EMMANUEL AKOMAYE AGIM Justice of The Court of Appeal of Nigeria
Counsel:O.O. OTEMU For Appellant MALLAM J. A. ADAMU, DCL of Fed. Ministry of Justice, NENFORT AMOS Asst. Chief State counsel, JULIET OKPE, Legal Officer. For Respondent

TINUADE AKOMOLAFE-WILSON, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the National Industrial Court of Nigeria, Abuja, delivered on 17th October, 2016 by Hon. Justice B.A. Adejumo.

The case of the Appellant is that he was unlawfully retired by the Chief of Air Staff who lacks the power to approve his retirement.

Parties filed their pleadings and filed written addresses before the trial Court.

At the conclusion of the case, on 17th October, 2016, judgment was delivered by learned trial Judge, dismissing the Appellant's case in its entirety, He however ordered that "another letter of retirement be issued to the Claimant indicating clearly that it is the Air Council that approve the retirement".

Dissatisfied, the Appellant filed a notice of Appeal to this Court containing four grounds of appeal.

In this Court parties duly filed their respective briefs of argument. The Appellant also filed a Reply brief. The Reply brief is practically a rehash of his ori…

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