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

(2016) JELR 37025 (CA)

Court of Appeal  •  CA/OW/12/2015  •  18 Mar 2016  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA ITA GEORGE MBABA JCA PETER OLABISI IGE JCA

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): The Appellant, as plaintiff in the Court below, filed a suit No.FHC/PH/57/97 on 31/1/97, challenging his compulsory retirement from the Nigeria Police Force and sought orders of Court to set aside the retirement, which was meant to have retrospective effect; he also sought re-instatement, without loss of seniority and payment of all his salaries and emoluments, from 27/10/90 until today (date of judgment).

The Respondents challenged the jurisdiction of the trial Court, pursuant to Decree No 17 of 1984 and succeeded in getting the suit struck out on 26/7/99. The appeal against the striking out of the suit succeeded and the suit was remitted to the Lower Court, for determination on the merits.

On the creation of Owerri Division of the Federal High Court, the suit was transferred from Port Harcourt Division of the Federal High Court, to Owerri Division and the suit acquired a new number FHC/CS/114/2006. That was in 2006, when the …

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