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MOSES O. ABANG V. UNIVERSITY OF CALABAR

(2007) JELR 56981 (CA)

Court of Appeal  •  CA/C/121/2005  •  11 Jul 2007  •  Nigeria

Coram
NWALI SYLVESTER NGWUTA JCA (Presided) JEAN OMOKRI JCA (Read the Lead Judgment) MOJEED ADEKUNLE OWOADE JCA

Appearances
Paul Ebiala Esq - for the Appellant. -*- Robin A. Umiom Esq - for the Respondent.

Judgement

OWOADE JCA(Delivering the Lead Judgement): On 16th May, 2001, the appellant as plaintiff before the lower court issued a writ against the respondent at the Federal High Court, Calabar and by 30th May, 2001 the writ of summons was followed by a statement of claim whereof the plaintiff/ appellant claimed as follows:

1. A declaration that it is a criminal offence to hire thugs and assassins to kill and maim union leaders, who are employees of the defendant and Nigerian citizens.

2. A declaration that being a co-accused in the union’s allegation involving the hiring of thugs and assassins to kill and maim union members, the defendant is not competent to investigate the same allegation as that would amount to acting as a Judge in their own cause and or constitute a usurpation of the investigation function of the Nigeria Police Force.

3. A declaration that the purported invitation of the plaintiff to appear before the defendant’s disciplinary committee is unconstitutional and it is ultra …

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