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MR. ADELEKE JOSEPH BABATUNDE v. THE GOVERNING COUNCIL, FEDERAL POLYTECHNIC, EDE & ANOR

(2014) JELR 47081 (CA)

Court of Appeal  •  CA/AK/142/11  •  8 Dec 2014  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMED AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Federal High Court, Osogbo, Division contained in the Judgment delivered on the 25th day of May, 2011. The Appellant formulated two issues for the appeal; Respondent also on his part, also donated 2 issues.

The Appellant's issues are as follows:-

1.) Whether it was established before the lower court that the appellant's employment enjoyed statutory flavour? (Ground one)

(2) Whether the Appellant's employment was properly terminated within the terms of his employment Grounds two and three.

The Respondent's Issues are as follows:-

(1) Whether the Appellant's employment as an unconfirmed probationary staff enjoyed statutory flavour (Ground one)

(2) Whether the Appellant proved his case that the termination of his employment is ultra vires; wrongful, unfair and malicious? (Grounds two and three)

A perusal of the two issues formulated by the respective Learned Counsel for the …

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