(2004) JELR 45073 (CA)    

Court of Appeal  ·  CA/J/268/2001 ·  22 Apr 2004 ·  Nigeria
Other Citations
Tyonznghnl v. A.-G., Benne State (2005) 5 NWLR (Pt.918)226
Tyonzughul v. A.-G., Benue State (2005) 5 NWLR (Pt. 918) 226
OLUDADE OLADAPO OBADINA Justice of The Court of Appeal of Nigeria AMIRU SANUSI Justice of The Court of Appeal of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Court of Appeal of Nigeria
Core Terms Beta
decision of the benue state high court
military administrator of the state
provisions of the public officers
trial court
laws of the federation of nigeria
learned trial judge
military administrator
further order
statement of claim
dismissal of the appellant
relevant authority
public officers
learned counsel
benue state ministry of health
relevant sections
disciplinary action
diverse claims
preliminary objection
local government areas of benue state
purport of the act
special provisions
civil proceedings
2nd respondent
own brief
compulsory retirement of certain public officers
issue no.1
appropriate authority
leading judgment
pension rights of persons
laws of federation of nigeria
issue of dismissal of the appellant
entire suit
ouster clause provisions
said ruling of the learned trial judge
benue state
civil servant
imo state environmental sanitation authority
main complaint
principal claim of the appellant
lead judgment
acting director of primary health
nonsense of these clear words of decree no.
advent of military rule
such proceedings
corrupt practices

OBADINA, J.C.A (Delivering the Leading Judgment): This is an appeal against the decision of the Benue State High Court sitting at Makurdi, contained in the judgment of Ogbole, J. delivered on 21/9/98. The appellant was the plaintiff at the trial court, while the respondents were the defendants.

According to the appellant, the plaintiff/appellant is a medical doctor and was at all times material to this case, the Acting Director of Primary Health and Disease Control with the Benue State Ministry of Health, Makurdi. In that capacity, he was the Administrative Head of the Department, the major function of which was the prevention and combating of diseases and epidemics. In January, 1995, there was an outbreak of cerebrospinal meningitis in several Local Government Areas of Benue State, including Oju and Kwande Local Government Areas. The appellant through his Commissioner, sought for and obtained funds from the Military Administrator of the State to purchase vaccines. The vaccines were …

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