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ALHAJI MOHAMMED ATIYAYE V. THE PERMANENT SECRETARY, MINISTRY OF LOCAL GOVERNMENT, BORNO STATE & ANOR

(1988) JELR 46593 (CA)

Court of Appeal  •  CA/J/127/87  •  17 Jun 1988  •  Nigeria

Coram
UMARU MAIDAMA JCA; ALOMA MARIAM MUKHTAR JCA; YEKINI OLAYIWOLA ADIO JCA;

Judgement

MAIDAMA, J.C.A. (Delivering the Leading Judgment): The main issue raised by this appeal is whether the respondents are entitled to the protection provided by the Public Officers (Protection) Law (Cap. III Laws of Northern Nigeria 1963 applicable to Borno State). Another issue raised is whether the said Law is not inconsistent with the 1979 Constitution of the Federal Republic of Nigeria to the extent that it curtails the right of a citizen to have his grievance determined by a Court of law.

The facts of this case in a nutshell are as follows:- On the 23rd of December 1983, the appellant was dismissed as the District Head of Potiskum and on the 19th of June 1986, he instituted an action in the Borno State High Court, holden at Potiskum in Suit No. P/6/86, in which he asked the Court to declare firstly that his dismissal from the service of Fika Local Government by the respondents was null and void and was contrary to law and secondly that he was still the Legal District Head of Potisku…

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