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JOSEPH HEMEN ABENGA V. BENUE STATE JUDICIAL SERVICE COMMISSION HON. ATTORNEY-GENERAL, BENUE STATE

(2005) JELR 56084 (CA)

Court of Appeal  •  CA/J/97/2002  •  30 Dec 2005  •  Nigeria

Coram
RABIU D. MUHAMMAD JCA (Presided and Read the Lead Judgment) AMIRU SANUSI JCA MUHAMMAD LADAN TSAMIYA JCA

Appearances
Ocha P. Ulegede - for the Appellant. -*- S. C. Egede, Asst. Director Civil Litigation, Ministry of Justice, Makurdi - for the Respondents.

Judgement

MUHAMMAD JCA (Delivering the Lead Judgment): The appellant was employed as a clerical assistant by the Benue State Judicial Service Commission (the 1st respondent) in 1980. He rose to the post of principal personal assistant IV and was a member of the Area Court. Sometime in 1995 the appellant applied to the 1st respondent for sponsorthat wereship to undertake LL.B Degree programme at the Benue State University. The 1st respondent  informed the appellant together with five other staff that the 1st respondent no longer sponsors its staff for higher education. They were advised to go on study leave without pay or apply to the Benue State Government for scholarship. The appellant was not happy with this reply. He wrote a protest letter to the 1st respondent. The 1st respondent considered the protest letter as an act of grave misconduct and insubordination, he was therefore issued with a query. In his reply, according to the 1st respondent, the appellant insulted and ridiculed the Benue…

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