ALHAJI ABDULLAHI BABA V. NIGERIAN CIVIL AVIATION & ANOR

P. NNAEMEKA-AGU, J.S.C. (Delivering the Leading Judgment): This is an appeal by Alhaji Abdullahi Baba who was the plaintiff in this suit in a Kaduna High Court presided over by Chigbue, J. (as he then was). The plaintiffs claim as amended by his amended statement of claim was as follows:

"1. A declaration that the letter of termination from the 1st defendant dated 27th October, 1981 and issued by the authority of the 2nd defendant at Zaria under the hand of one Lawal for the 2nd defendant is wrongful, void and of no effect whatsoever in that the said letter and the decision to terminate the plaintiff was:

(a) ultra vires

(b) capricious

(c) mala fide, and

(d) an abuse of power.

2. A declaration that the letter of termination dated the 27th of October, 1981 issued by the authority of the 2nd defendant is contrary to the Staff Regulation of the 1st defendant and therefore null and void.,

3. A declaration that the plaintiff holds and is still holding a permanent pensionable appointment …