(1998) JELR 45610 (SC)    

Supreme Court  ·  SC.47/1992 ·  17 Jul 1998 ·  Nigeria
Other Citations
Shitta-Bey v. A.G. Fed. (1998) 10 NWLR (Pt.570)392 (1998) 7 S.C (Pt II) 121
Shitta-Bey v. A.G. Fed. (1998) 10 NWLR (Pt. 570) 392
IDRIS LEGBO KUTIGI 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 SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
appropriate authority
court of appeal
public officers
provisions of section
2nd respondent
federal military government
learned justice
chief of the armed forces
exhibit b
federal ministry of justice
director of public prosecutions of the federation
facts of the case
high court
imo state environmental sanitation authority
learned senior state counsel
lord cross
premature retirement
present case
senior state counsel
supreme military council
virtue of the provisions of section
above proposition
briefs of argument
civil service career
decision of any court
decision of the respondents
decree of the federal military government of nigeria
dismissal of the said appeal
exhibit a
federal civil service of nigeria
following issues
genesis of the appeal
high court of lagos state
judgment of the court of appeal holden
latter judgment
leading judgment
no. fc
ouster of jurisdiction of courts
penultimate paragraphs
point of law
post of a crown counsel
respect of any act
rules of this court
see nwosu v
state counsel grade
such issues
trial court
virtue of the provision of decree no.

ONU, J.S.C (Delivering the Leading Judgment): The appeal herein which concerns the ouster of jurisdiction of courts under a Decree of the Federal Military Government of Nigeria is against the judgment of the Court of Appeal holden in Lagos and delivered on the 10th day of May, 1991 (Coram: Babalakin, J.CA. as he then was and concurred in by Awogu and Kalgo. JJ.C.A.)

The genesis of the appeal is that the appellant as plaintiff had sued the respondents then defendants, in the High Court of Lagos State presided over by Segun, J. The claim therein was succinctly for a declaration that the decision of the respondents to retire him (appellant) from the federal civil service of Nigeria (with the letter issuing forth from 2nd respondent) Ref. No. FC 0017/Vol. VIII/969 of 14th January. 1986 (Exhibit B) which was preceded by an earlier one from the President and Commander-in-Chief of the Armed Forces - Exhibit A to 2nd respondent) notice of which was given in the statement of defence, was irre…

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