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AKWA IBOM STATE CIVIL SERVICE COMMISSION & ANOR V. MRS. MARY EKPENYONG

(2017) JELR 34320 (CA)

Court of Appeal  •  CA/C/244/2012  •  27 Apr 2017  •  Nigeria

Coram
CHIOMA EGONDU NWOSU-IHEME JCA; STEPHEN JONAH ADAH JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Appearances
Mr. U. Usen, Esq. (Director Civil, AKS, MOJ), Miss S. Udonnah (BSC), Betty Bassey, Esq.(SSC) For Appellant Respondent absent For Respondent

Judgement

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A.(Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Akwa Ibom State sitting in Uyo delivered on the 27th July, 2012 by E.F.F. OBOI J.

The Respondent who was a civil servant in the Ministry of Education under the Akwa Ibom Civil Service challenged her dismissal from service by the 1st Appellant via a writ of summons dated 29th December, 2010 wherein she sought the following reliefs:

1. A declaration that the purported dismissal of the Plaintiff from Akwa Ibom State Civil Service by the Defendants as contained in their letters AKC/CP/3370/04 of 17/12/99, AKC/CP.3370/31 of 9/4/2003 and concluded in HCS/AKS/142/VOL.111/956 of 9/11/2010 is wrongful, unconstitutional, malicious, unwarranted, arbitrary, null and void and of no effect whatsoever.

2. A declaration that the appointment of the Plaintiff in the Akwa Ibom State Civil Service still subsists.

3. An order directing the Defendants to reinstate the Plaintiff i…

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