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MR. LAWRENCE AZENABOR V. BAYERO UNIVERSITY, KANO & ANOR.

(2009) JELR 47707 (CA)

Court of Appeal  •  CA/K/134/2001  •  28 May 2009  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; JOHN INYANG OKORO JCA; MASSOUD ABDULRAHMAN OREDOLA JCA;

Judgement

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): Three years after the 1st Respondent employed the Appellant as a Chief Typist in November, 1987, he was re-designated Higher Executive Officer (Accounts), and four years later, was promoted to Senior Executive Officer (Accounts). However, following an allegation of forgery and attempt to defraud the University of over N5.6 Million, he was suspended and later arraigned before a Chief Magistrate Court in Kano. After he was discharged but not acquitted by the Chief Magistrate Court, he wrote a letter dated 4th May, 1995 to the 1st Respondent requesting that he should be re-instated. But to his dismay, he received a termination letter dated 24th September, 1995.

Aggrieved by the termination of his appointment, the Appellant filed an action at the Federal High Court, Kano, wherein he claimed -

a) A declaration that the purported termination of appointment of the plaintiff by the defendants is unconstitutional, unlawful, ultra v…

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