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YUSUF BUKAR v. THE HON. MINISTER, FEDERAL MINISTRY OF HEALTH & ANOR

(2018) JELR 38463 (CA)

Court of Appeal  •  CA/J/210/2012  •  23 May 2018  •  Nigeria

Coram
UCHECHUKWU ONYEMENAM JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA; ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU JCA;

Judgement

UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): The appeal is against the decision of the Federal High Court, Maiduguri Division delivered by Gafai, J. on 15th June, 2012 in Suit No: FHC/MG/CS/48/2011; wherein the learned trial Judge upheld the Respondents Preliminary objection holding that the Appellants Suit is incompetent, the same which robs the Court of its jurisdiction.

The Appellant had at the trial Court by his writ of summons and statement of claim dated and filed 19th December, 2011, sought the following reliefs:

1. A declaration that the failure of the 2nd Defendant to notify the Plaintiff of the allegation of fraudulent payment of salary and/or afford the Plaintiff an opportunity to cross-examine the petitioners that set in motion the machinery leading to the purported dismissal of the Plaintiff from the service of the 2nd Defendant, and/or to even be afforded a hearing before the 2nd Defendants petitions and complaints committee, is a denial of the Plaintiff…

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