(2010) JELR 40146 (CA)    

Court of Appeal  ·  CA/A/147/08 ·  14 Apr 2010 ·  Nigeria
JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria ABDU ABOKI Justice of The Court of Appeal of Nigeria AYOBADE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria
Core Terms Beta
cause of action
nwlr part
learned trial judge
learned counsel
lower court
statement of claim
final determination of the source of the offer
following cases
assistant chief accountant
temporary appointment
2nd respondent
appellate court
deputy director
honourable court
laws of the federation of nigeria
public officer
said exhibit
behalf of the parties
charge of delta state
commencement of an action
conclusion of hearing
constitutional powers
exercise of his duties
facts of the case
federal housing authority
first respondent
following reliefs
ikire vs edierok
judgment of the federal high court
leading judgment
limitation of time
months period
office of the accountant general of the federation
paragraph a
paragraph c
paragraph g
part of the grounds of appeal
said judgment
said letter exhibit
suit no-fhc
whole action

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Federal High Court sitting at Abuja in Suit No-FHC/ABJ/563/05 which was delivered on 20th day of February, 2008.

Briefly the facts of the case are that the appellant as plaintiff commenced an action at the lower Court in which he claimed against the Respondents the following reliefs:-

"(a) A declaration that the verbal directives given by the Defendants that the plaintiff be suspended and/or stopped from the exercise of his duties as a Deputy Director and the actual suspension and/or stoppage from duty without pay since September 2003, is irregular illegal null and void.

(b) A declaration that the directives given by the Defendants that me plaintiff assume duty as Assistant Chief Accountant in grade level 13 is irregular, illegal, null and void.

(c) An order directing the Defendants to recall the plaintiff as a Deputy Director without any prejudice to his rights and privileges.…

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