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EVARISTUS D. EGBEBU v. THE INSPECTOR GENERAL OF POLICE & ORS

(2005) JELR 45292 (CA)

Court of Appeal  •  CA/PH/298M/99  •  6 Jul 2005  •  Nigeria

Coram
VICTOR AIMEPOMO OYELEYE OMAGE JCA; JOHN AFOLABI FABIYI JCA; MONICA BOLNA’AN DONGBAN-MENSEM JCA;

Judgement

MONICA BOLNA'AN DONGBAN-MENSEM, J.C.A (Delivering the Leading Judgment): This is an appeal against the decision of the Federal High Court, Holden at Port Harcourt, declining jurisdiction to hear and determine the suit of the Appellant.

The Appellant, as Plaintiff before the trial Court (and shall herein after be referred to simply as the Appellant), had taken out a suit No. FHC/PH/54/97 at the Federal High Court, Port Harcourt, seeking the following reliefs:

1. A declaration that non of the three investigating panels set up to investigate the Hausa Traders armed robbery incident of 1990, found the plaintiff guilty of any collusion with the Armed Robbers or of any dereliction of duty.

2. A declaration that compulsory retirement of the plaintiff having been based on the incident of the Okigwe Hausa Traders incident of 1990, of which the Plaintiff has been absolved of any complicity is wrongful, unfair and unsustainable.

3. An order of Court setting aside the compulsory retirement of the…

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