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ALIDU ADAH V. NATIONAL YOUTH SERVICE CORPS

(2004) JELR 45025 (SC)

Supreme Court  •  SC.196/2000  •  16 Jul 2004  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; SYLVESTER UMARU ONU JSC; SAMSON ODEMWINGIE UWAIFO JSC; NIKI TOBI JSC; IGNATIUS CHUKWUDI PATS-ACHOLONU JSC;

Judgement

UWAIFO, J.S.C. (Delivering the Leading Judgment): The appellant was employed as a driver by the respondent in 1977. He was based in the respondent's office in Makurdi. In the course of his official duty in December, 1990, he was involved in an accident. He was issued with a query and suspended from duty. On 28 June, 1991, his employment was terminated. On 28 July, 1995, he instituted an action in the Benue State High Court, holden at Makurdi in which he claimed for (a) a declaration that his suspension from duty was null and void; (b) a declaration that the termination of his employment was null and void; (c) a declaration that he is still in the employment of the respondent, and (d) an order reinstating him as driver and for the payment of all his entitlements and allowances including the salary due to him.

The main thrust of the appellant's case was that the proper procedure was not followed before his employment was brought to an end. On 26 June, 1996, in a considered judgment, Pu…

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