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E. O. AMODU V. DR. J. O. AMODE & ANOR

(1990) JELR 42974 (SC)

Supreme Court  •  SC.46/1989  •  7 Sep 1990  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; SAIDU KAWU JSC; SALIHU MODIBBO ALFA BELGORE JSC; ABDUL GANIYU OLATUNJI AGBAJE JSC; ABUBAKAR BASHIR WALI JSC;

Appearances
J. O. Ijaodola For Appellant Wole Olanipekun (with him, S.A. Yusuf) For Respondent

Judgement

AGBAJE, J.S.C. (Delivering The Leading Judgment): The plaintiff, Mr. E.O. Amodu, sued the defendants, Dr. J. O. Amode, Principal, and the Kwara State College of Technology in an Ilorin High Court claiming against them as follows:

"The plaintiff's claim is for

(1) a DECLARATION

(a) that the purported termination of the plaintiff's appointment by a letter from the first defendant dated the 17th April, 1980 to the plaintiff allegedly on behalf of the second defendant is null and void as the sale administrator's office had terminated on or before 15/4/80 and a governing council had not been set up by His Excellency, the Governor of Kwara State Alhaji Adamu Atta and

(1) that the plaintiff is entitled to his emolument until the determination of this suit and thereafter until the plaintiff is legitimately relieved of his post and

(ii) a perpetual injunction restraining the defendants and/or their agents and/or servants from filling the plaintiff's post until the plaintiff is legitimately…

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