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ZACHEAUS BAKO v. KUJE AREA COUNCIL & ANOR

(2000) JELR 43965 (CA)

Court of Appeal  •  CA/A/47/97  •  22 Jun 2000  •  Nigeria

Coram
DAHIRU MUSDAPHER JCA; MUHAMMAD SAIFULAHI MUNTAKA-COOMASIE JCA; ZAINAB ADAMU BULKACHUWA JCA;

Judgement

BULKACHUWA, JCA (Delivering the Leading Judgment): This is an appeal against the decision of the Federal Capital Territory High Court Abuja, delivered on the 28th day of May, 1996.

The appellant as plaintiff before the lower Court took out a writ of summons on the 18th day of November, 1993 claiming against the Respondents the following reliefs:

(1) A declaration that his purported removal from Office vide Letter dated 10th day of November, 1993 reference No.KAC/PF/SEC/783/Vol.2, is unlawful, null, void and unconstitutional.

(2) An order of the court setting aside the removal of the plaintiff as the Chief of Rubochi vide letter dated the 10th day of November, 1993 reference No.KAC/PF/SEC/783/Vol.2.

(3) An order of the court reinstating the plaintiff to his office as the Chief of Rubochi without prejudice to his entitlement as the Chief of Rubochi.

The case of the Appellant was that he was appointed the Chief of Rubochi by his people on the 25th day of September, 1987. However, on th…

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