(2006) JELR 46299 (CA)    

Court of Appeal  ·  CA/E/5/2006 ·  19 Jun 2006 ·  Nigeria
Other Citations
Ufam v. I.M.T. (2007) 2 NWLR (Pt.1019)
Ujam v. I.M.T. (2007) 2 NWLR (Pt. 1019) 470
SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria JA'AFARU MIKA'ILU Justice of The Court of Appeal of Nigeria JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria
Core Terms Beta
statutory flavour
institute of management
senior staff conditions of service
statutory protection
provisions of the statute
public servants
trial judge
1st march
common law
edict no.2
first defendant
learned trial judge
employment of the first defendant
leading judgment
months notice
perquisites of office
technology edict
wrongful termination
1st day of march
cases of ekpenyong v
constitution of the federal republic of nigeria
contract service
court filing notice of appeal
date of commencement of this edict
employee of the first defendant
employment of the institute
enugu edict no.2
enugu senior staff conditions of service
enugu state high court
exchange of the parties
following effect
full trial
judgment of kingsley n. ude
letter exhibit
letter ref
lieu of notice of termination
members of the academic staff
non-academic senior staff positions
respondent act
s.2 of the edict
said edict
services of the first defendant institute
such representatives
termination of the appellant
total violation of the provisions of the institute

SULEIMAN GALADIMA, J.C.A. (Delivering the Leading Judgment): This is an appeal by the appellant, as plaintiff against the judgment of Kingsley N. Ude (J.) sitting in an Enugu State High Court delivered on 17/10/2005. The plaintiff claimed against the defendants, now the respondents as follows:

"(a) A declaration that the letter ref: IMT/RG/11/XX/124 dated the 1st day of March, 2001, signed by S.N.P. NWANKWO, Ag. Registrar/Secretary to Council and addressed to the plaintiff and purportedly dispensing with his services with the first defendant with effect from 1st March, 2001 is ultra vires, unconstitutional, null and void and of no effect whatsoever in that it proceeded from an exercise done in total violation of the provisions of the Institute of Management and Technology, Enugu Edict No.2 1991, Institute of Management and Technology, Enugu Senior Staff Conditions of Service and the rights guaranteed the plaintiff under Chap. 4 of the Constitution of the Federal Republic of Nigeria, 1…

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