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CORPORAL EMMANUEL AMODU V. THE COMMANDANT, POLICE COLLEGE MAIDUGURI & ANOR

(2009) JELR 47670 (SC)

Supreme Court  •  SC.243/2003  •  17 Jul 2009  •  Nigeria

Coram
ALOYSIUS IYORGYER KATSINA-ALU JSC; MAHMUD MOHAMMED JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC; MOHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC;

Appearances
Mr. D.M. Mando Esq. C. M. Akume, Esq., For Appellant Mr. Bulus Adamu, Assistant Director-Civil Litigation, Ministry of Justice, Maiduguri For Respondent

Judgement

M. S. MUNTAKA-COOMASSIE, JSC (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Jos Division. The Appellant before this court was the plaintiff in the High Court of Borno State, herein called the Trial Court. The plaintiff now Appellant, claimed in his statement of claim which goes without saying, supercedes the writ of summons. See Lahan and Ors v. Lajoyetan (1972) 6 S.C P 190.

The plaintiff claimed the following reliefs:

"(1) An order that the orderly room trial conducted by the Defendants in respect of an allegation of theft or discreditable conduct against the plaintiff, the result of which was used to ground the dismissal of the plaintiff from the Nigeria Police Force was illegal, irregular and incompetent, wrongful, unconstitutional, null and void.

(2) An order declaring as null and void the dismissal of the plaintiff from the service of the Nigeria Police Force by the Defendants, being illegal, wrongful and unconstitutional

(3) …

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