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MRS. ADENIKE ADEBAKIN & ANOR. V. NIGERIAN POSTAL SERVICE

(2012) JELR 53575 (CA)

Court of Appeal  •  CA/L/301/10  •  1 Jun 2012  •  Nigeria

Coram
KUMAI BAYANG AKA’AHS JCA (Presided) JOHN INYANG OKORO JCA SIDI DAUDA BAGE JCA (Read the Lead Judgment)

Appearances
Chief J. I. O. Ojeleke (with him, Mr. E. A. Adesanya and Mrs. Tosin Adetoba) - for the Appellants. -*- Respondent’s counsel absent. C

Judgement

BAGE JCA (Delivering the Lead Judgment): The appeal arose from the judgment of the Federal High Court sitting at Lagos (hereinafter called “the trial court”) delivered by Hon. Justice Tijjani Abubakar on 21 January 2010. The 1st and 2nd appellants (as plaintiffs in the court below) claimed the following against the respondent (as defendant) “(1) A declaration that the defendant is in breach of the NIPOST conditions of service governing the plaintiffs appointments as relates to discipline, retirement and termination of appointment of NIPOST staff.

A declaration that the purported compulsory retirement and termination of the plaintiffs appointments respectively by the defendant are null and void and of no effect whatsoever.

A declaration that the plaintiffs’ employments are still valid and subsisting and as such the claimant ought to be reinstated into their respective positions. An order reinstating the plaintiffs to their respective offices and to all rights and privileges attached th…

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