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PROFESSOR S. O. ABDULRAHEEM & ORS. V. PROFESSOR B. J. OLUFEAGBA & ORS.

(2006) JELR 42959 (CA)

Court of Appeal  •  CA/IL/65/2005  •  12 Jul 2006  •  Nigeria

Coram
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA; TIJJANI ABDULLAHI JCA; HELEN MORONKEJI OGUNWUMIJU JCA;

Appearances
Mr. Yusuf o. Ali, SAN (with him, S. A. Bello, K. K. Eleja, B.Akintunde [Miss] and N. Uregbulam [Miss]) For Appellant Mr. John Olusola Bayeshea (with him, Dayo Akinlaja, FunkeAbolarin [Miss], Wahab Ismail and Uloma Ahira [Miss]) For Respondent

Judgement

MUNTAKA-COOMASSIE, J.C.A. (Delivering the Leading Judgment): This is another appeal against the judgment of Hon. Justice P. F. Olayiwola of the Federal High Court, Ilorin delivered on 16/7/05 in favour of the 42 of the plaintiffs in respect of all the heads of their claim.

The plaintiffs/respondents claimed against the defendants/appellants as follows:-

"1. A declaration that the defendants' letter dated 22nd May, 2001 to the plaintiffs titled "cessation of agreement", purporting to terminate the plaintiffs' appointment with the 3rd defendant is ultra-vires, null and void and of no effect whatsoever.

2. A declaration that the plaintiffs are still in the service of the 3rd defendant.

3. A declaration that the defendants are bound to comply with the directive of the Federal Government of Nigeria to re-instate the plaintiffs as contained in the letter of National Universities Commission dated 29th June, 2001 with reference NUC/ES/261 to the Pro-chancellor of the 4th defendant and the 1s…

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