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AUCHI POLYTECHNIC, AUCHI V. PETER N. OKUOGHAE

(2005) JELR 49004 (CA)

Court of Appeal  •  CA/B/264/97  •  11 Mar 2005  •  Nigeria

Coram
PATRICK IBE AMAIZU JCA AMINA ADAMU AUGIE JCA NWALI SYLVESTER NGWUTA JCA

Judgement

PATRICK IBE AMAIZU, J.C.A. (Delivering the Leading Judgment): The plaintiff's claim as set out in the writ of summons and pleadings is as follows:-

"(i) A declaration that the dismissal of the defendant with its letter dated 8th March, 1985 is contrary to section 26 of the Auchi Polytechnic Law and therefore unconstitutional, illegal, void and of no legal effect.

(ii) A declaration that the plaintiff is still under the employment of the defendant despite the said illegal dismissal and that he is entitled to be paid the emoluments of his office as the Assistant Chief Executive Officer (Accounts) of the defendant from the date of the purported dismissal.

(iii) An injunction to restrain the defendant its servants and or agents from preventing the plaintiff from performing any of the functions and duties of his office or interfering with the enjoyment of the rights, privileges and, benefits attached to his office. In the alternative, the plaintiff claims against the defendant the sum of …

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