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DELTA STATE UNIVERSITY, ABRAKA MR. J. E. UBOGU PROFESSOR UVIE IGUN GOVERNING COUNCIL, DELTA STATE UNIVERSITY, ABRAKA V. MR. G. DEMAKI

(2005) JELR 52794 (CA)

Court of Appeal  •  CA/B/142/2004  •  20 Jun 2005  •  Nigeria

Coram
RABIU D. MUHAMMAD JCA (Presided and Read the Lead Judgment) PATRICK IBE AMAIZU JCA UWANI MUSA ABBA-AJI JCA

Judgement

MUHAMMAD JCA (Delivering the Lead Judgment): The respondent herein, Mr. G. Demaki, who was the plaintiff at the court below, was a lecturer and staff of the 1st appellant, Delta State University, Abraka - the 1st defendant at the lower court. His employment was allegedly terminated by a letter dated 22/2/2001. He commenced this action against the appellants by a writ of summons filed at the High Court of Justice, Warri, claiming the following: A declaration that the Senior Staff Disciplinary Investigation Panel instituted by the Governing Council of the Delta State University, Delta State of Nigeria having tried and cleared the plaintiff has no right whatsoever to invite the plaintiff to appear before it to undergo another trial on the same issue.

A declaration that the sitting of the Senate/Adhoc Committee is illegal, unconstitutional, ultra vires , null and void as same relates to the investigation of the plaintiff in a matter that had been investigated by the Senate committee. A…

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