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ATTORNEY-GENERAL, CROSS RIVER STATE GOVERNMENT OF CROSS RIVER STATE CROSS RIVER STATE CIVIL SERVICE COMMISSION V. CHIEF PATRICK OKON

(2007) JELR 57717 (CA)

Court of Appeal  •  CA/C/95/2005  •  31 May 2007  •  Nigeria

Coram
NWALI SYLVESTER NGWUTA JCA (Presided) JEAN OMOKRI JCA MOJEED ADEKUNLE OWOADE JCA (Read the Lead Judgment)

Judgement

OWOADE JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Agube J delivered on the 5th day of June, 2003 by Emilia Ibok J.

The respondent as plaintiff before the lower court instituted the action by a writ of summons dated 21st September, 1999 in the High Court of Cross River State and claimed against the defendants jointly and severally as follows:

A declaration that the purported malicious, vexatious and premature retirement of the plaintiff from the substantive civil service career position as permanent secretary was done mala fides therefore ultra vires the powers of the defendants and not in accordance with any procedure permitted by law. An order reinstating the plaintiff to his substantive career position as permanent secretary in the civil service of Cross

River State.

In the alternative to (2) above.

Damages of N50,000,000.00 (fifty million naira) to the plaintiff for wrongful termination of the career appointment of the plaintiff by the defendants…

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