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'EX'-CAPT CHARLES C. EKEAGWU v. THE NIGERIAN ARMY & ANOR

(2010) JELR 33099 (SC)

Supreme Court  •  SC.104/2006  •  11 Jun 2010  •  Nigeria

Coram
DAHIRU MUSDAPHER JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; FRANCIS FEDEDO TABAI JSC; IBRAHIM TANKO MOHAMMAD JSC; OLUFUNLOLA OYELOLA ADEKEYE JSC;

Judgement

W. S. N. ONNOGHEN, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Holden at Abuja, in appeal No. CA/A/43/904 delivered on the 12th day of January, 2006 in which the court dismissed the appeal of the appellant against the judgment of the Federal High Court, Holden at Abuja, in suit No. FHC/ABJ/CS/28601 delivered on the 8th day of January, 2004 dismissing the action of the appellant on the ground that the plea of res judicata set up by the respondents, then defendants, availed the said defendants.

The reliefs claimed by the appellant in the suit in question are as follows:-

"(1) A declaration that the compulsory retirement of the plaintiff by the 1st defendant through a letter (ref NA/278/1/A) dated 18/6/01 is illegal, null and void, as it was based on a criterium that never existed.

(2) An order reinstating the plaintiff as a Captain of the Nigerian Army and directing an accelerated promotion of the plaintiff to the rank of a fu…

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