(2014) JELR 39874 (SC)    

Supreme Court  ·  SC.194/2005 ·  9 May 2014 ·  Nigeria
WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria BODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria JOHN INYANG OKORO Justice of The Supreme Court of Nigeria
Core Terms Beta
military governor
decree no.
ministry of works
court of appeal
military government
special provisions
vehicle inspection officer
benin city
supreme court
press release
purported dismissal
evidence act
contents of exhibits g
public servant
said letter
senior technical officer
state executive council
1st defendant
edo state
military governor of bendel state
public service commission
public service of bendel state
appropriate gazette action
arm of the government of bendel state
background facts
charge no. mek
chief magistrate court ekpoma
decision of the trial high court
definition of appropriate authority
discipline of public officers
following provisions of section
former bendel state
given situation
head of the military governor of bendel state
high court of justice
lack of jurisdiction
lawyer mr. uhunmwagho
learned trial judge
letter of employment
mr. a.b. odiete
officer of the government of bendel state
oni-okpaku j
police officers
service of bendel state government
state executive counsel
statement of claim of the appellant
suit no. b
versions of the respondents
view of the provision of section

MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): The Plaintiff now Appellant instituted Suit No. B/347/87 in the High Court of Justice, Benin City in the former Bendel State, now Edo State against the Defendants now Respondents. The learned trial judge, Oni-Okpaku J (as she then was) dismissed the suit holding a lack of jurisdiction to entertain the suit. The plaintiff appealed to the Court of Appeal or Court below for short which in turn dismissed the appeal upholding the decision of the trial High Court. The Appellant, dissatisfied has come before the Supreme Court on appeal.


The facts are, in my humble view best exposed by recourse to the Statement of Claim of the Appellant which I shall restate hereunder, viz:-


1) The Plaintiff is a Nigerian, a senior Technical Officer (Mechanical) functioning as a Vehicle Inspection Officer, Ministry of Works Iruekpen until on or about the 6th of July, 1984 when he was purportedly dismissed …

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