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RAYMOND S. DONGTOE V. CIVIL SERVICE COMMISSION, PLATEAU STATE

(2001) JELR 42950 (SC)

Supreme Court  •  SC.139/1995  •  20 Apr 2001  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; MICHAEL EKUNDAYO OGUNDARE JSC; SYLVESTER UMARU ONU JSC; OKAY ACHIKE JSC; SAMSON ODEMWINGIE UWAIFO JSC;

Appearances
Appellant absent and unrepresented. For Appellant S.M. Shuaibu, Director of Civil Litigation, Ministry of Justice, Plateau State (with him. J. Giwa, Principal State Counsel Ministry of Justice, Plateau State) For Respondent

Judgement

KARIBI-WHYTE, JSC (Delivering the Leading Judgment): The appeal in this case is again one of the now familiar cases in which the aggrieved resorts to the procedure for seeking relief under the fundamental rights provisions of the Constitution for wrongs where the breach of the Constitutional provision is not applicable and stricto sensu merely ancillary. See Ndigwe v. lbekendu (1998) 7 NWLR (Pt.558) 470; Osazuwa v. E.S.C.S.C (1999) 4 NWLR (Pt.597) 155 SC. UNTHMB v, Nnoli (1994) 8 NWLR (Pt.363) 376;Bamgboye v. Univ. of Ilorin (1999) 10 NWLR (Pt.622) 290, Nnamdi Azikiwe University v. Nwafor (1999) 1 NWLR 116, The principal claim and all the reliefs claimed in this case relate to dismissal of the appellant from his employment. None of the reliefs is within the provisions of Chapter IV of the Constitution; The claim was by motion on behalf of the applicant praying this court for an order or orders:

1. Granting the applicant leave to apply for an order enforcing his fundamental rights agai…

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