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CHIEF T.A. ADESOYE & ORS. v. GOVERNOR OF OSUN STATE & ANOR

(2004) JELR 45065 (CA)

Court of Appeal  •  CA/I/208/2000  •  21 May 2004  •  Nigeria

Coram
SAKA ADEYEMI IBIYEYE JCA; VICTOR AIMEPOMO OYELEYE OMAGE JCA; OLUFUNLOLA OYELOLA ADEKEYE JCA;

Judgement

IBIYEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of A. A. Sijuwade, C.J. (as he then was) of Osun State High Court of Justice, Osogbo delivered on the 17th day of May, 2000 in suit No. HOS/MISC.21/2000.

The ruling was based on the preliminary objection raised by the defendants now respondents against the action filed by the plaintiff now appellants.

The plaintiffs initiated the action in the court below by an originating summons in which they sought the following reliefs:

"(a) Whether the last phrase of section 5(2) of the Post Primary Schools Teaching Service Commission Law, 1992 which provides that the Governor may vary the period of appointment of the applicants is unconstitutional by virtue of:

(i) the provisions of the Constitution of the Federal Republic of Nigeria 1999?;

(ii) the fact that the law makes the said variation final and did not provide opportunity for the applicants to make representation to the Governor before the variation?.

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