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MR. FIDELIS OKIRIKA AGBOROH v. THE WEST AFRICAN EXAMINATIONS COUNCIL (WAEC)

(2016) JELR 41857 (CA)

Court of Appeal  •  CA/OW/217/2014  •  15 Jul 2016  •  Nigeria

Coram
ITA GEORGE MBABA JCA; PETER OLABISI IGE JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

ITA GEORGE MBABA, J.C.A.(Delivering the Leading Judgment): Appellant filed this Appeal on 29th January, 2014 against the decision of National Industrial Court, Owerri Division, in Suit NO. NICN/EN.156/2013, delivered on 15th January, 2014, by Hon. Justice O.Y. ANUWE, whereof, the trial Court struck out the Claimants suit for want of jurisdiction, following a preliminary objection, raised by the Defendant, that the suit was statute barred, pursuant to Section 2(a) of the Public Officers Protection Act, Cap P.41, Laws of the Federation of Nigeria, 2004.

The claims of the Appellant (who was the claimant at the Court below) filed on 12/7/2013, were for:

(a) A declaration that the purported dismissal of the claimant by the defendant via a letter of dismissal dated April 22, 2009 but received on 13th July 2009 is unconstitutional, illegal, null and void.

(b) A declaration that the claimant is still a staff of the Defendant and thereby entitled to all his salaries, allowances and remuneration f…

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