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ENGR. NDIUWEM BENJAMIN AKPABOT V. POWER HOLDING COMPANY OF NIGERIA PLC & ORS.

(2013) JELR 52081 (CA)

Court of Appeal  •  CA/C/77/2012  •  9 May 2013  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA UZO I. NDUKWE-ANYANWU JCA JOSEPH TINE TUR JCA

Appearances
Chief Robert I. Clarke, SAN with U. C. Ikedimma For the Appellant Akinboro O. with Kolawole Omotinugbon for the 1st–3rd Respondents.

Judgement

TUR JCA (Delivering the Lead Judgment): The appellant was employed as a pupil Engineer by the respondents and rose through the ranks to become an Assistant General Manager. The appellant proceeded on his annual leave to the United States of America in the year 2004. While there, the respondents nominated him to attend a procurement course at the International Law Institute, Washington D.C. holding from 13 September to 8 October 2004. On return to Nigeria, the appellant received a letter determining his appointment. The letter read as follows:

“Staff review
In the course of realigning the authority’s structure and operations, your services have been reviewed.
Consequently, your appointment is hereby determined in accordance with regulation 41.6 of NEPA’s conditions of service (1998 edition) with effect from 1 September 2004.
The General Manager (Finance and Accounts), Corporate Headquarters, Abuja has been directed to make appropriate payment to you in lieu of notice. You are however…

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