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COUNCIL, FEDERAL POLYTECHNIC, MUBI & ANOR v. MR. PWADY. P. DINGOLI

(2014) JELR 36215 (CA)

Court of Appeal  •  CA/YL/37/2012  •  26 Mar 2014  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; JUMMAI HANNATU SANKEY JCA; ADAMU JAURO JCA;

Judgement

ADAMU JAURO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Federal High Court Yola delivered on 21st May, 2012 in suit number FHC/YL/CS/25/2010.

Simply put and briefly stated, the facts giving rise to this appeal are as follows: The respondent was a senior staff of the School of Agriculture, Federal Polytechnic Mubi. By a letter dated 5th August, 2010 and signed by the 2nd Appellant on behalf of the 1st Appellant, the respondent was dismissed from service based on acts of serious misconduct stated to be as follows:

"(a) Alteration of recorded date of birth at first appointment from 1st January, 1953 to 31st December, 1954, in total violation of section 020108(ii) Public Service Rules 2008.

(b) Failure to refund unspent estacode/Air Ticket fare meant for an aborted official trip to Malaysia, contrary to Financial Regulation of the Federal Republic of Nigeria.

(c) Failure to refund COREG dues given to the respondent for onward remittance to COR…

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