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IHEUKWUMERE EGESI v. SECONDARY EDUCATION MANAGEMENT BOARD (SEMB) & ORS

(2014) JELR 36323 (CA)

Court of Appeal  •  CA/OW/174/2010  •  5 Dec 2014  •  Nigeria

Coram
ITA GEORGE MBABA JCA; PETER OLABISI IGE JCA; FOLAYEMI OLABISI OHO JCA;

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Imo State High Court in Suit NO.HOW/247/2004, delivered by Hon. Justice Duroha Igwe, on 3/5/2007, whereof the trial Court dismissed the claims of the Plaintiff (Appellant herein). The claim of the Plaintiff was declaratory in nature, namely:

"(1) A declaration that the inclusion of the name of Plaintiff as No.30 at page 9 of the Government white paper on the report of the Panel to investigate illegal employment in the Secondary Education Management Board from 1999 to May, 2003 is wrongful, void and of no effect.

(2) A declaration that the Plaintiff is still an Administrative Officer II on Grade Level of step 2 in the Imo State Secondary Education Management Board and as such he is entitled to all his salaries, allowances and/or emoluments.

(3) A declaration that the purported dismissal of the appointment of the Plaintiff as contained in the letter reference IM/SEMB/NT/11108/1/89 of 1…

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