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MR. JAMES O. AVRE V. NIGERIA POSTAL SERVICE

(2014) JELR 42233 (CA)

Court of Appeal  •  CA/L/355/07  •  27 Mar 2014  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; JOSEPH SHAGBAOR IKYEGH JCA; CHINWE EUGENIA IYIZOBA JCA;

Judgement

AMINA ADAMU AUGIE, JCA (DELIVERING THE LEADING JUDGMENT): The appellant joined the respondent's service in April 1990. In March 2002, he was moved from Lagos to Jalingo, Taraba State, and reported on 17/6/2002. However, his pay-point was not transferred to Jalingo, and he had to travel to Lagos every month to collect his salary. In September 2002, he sought and was given permission by his immediate boss to travel out of station on 27/9/2002.

Apart from a phone call from him a week later to say that he was sick; his office did not see or hear from him. In December 2002, the Area Postal Manager, Taraba Territory, wrote a letter to his wife dated 3/12/3003; it reads-

"I wish to enquire for the whereabouts of your husband Mr. J. O. Avre (weather (sic) all is well. This is because record in our office shows that the above-mentioned officer took an excuse of few days to see his family on 27/9/2002 and only phoned once from Lagos to say that he was sick and up till this time of writing nothing…

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