ENUGU STATE CIVIL SERVICE COMMISSION & ORS. V. AGU GEOFREY

BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of an Enugu State High Court in suit No. E/683/2001 - Enugu State Civil Service Commission and 2 others v. Agu Geofrey, delivered on the 22nd day of September 2003 wherein it was held inter alia that the prevention of the plaintiff now respondent by the defendants now appellants from carrying out the functions and duties of his office is unconstitutional, illegal, null and void in that it is contrary to the provisions of the Anambra State Civil Service Rules (applicable to Enugu State) and that the plaintiff remains in the employment of the Enugu State Civil Service with all the rights and privileges of a bona fide civil servant in Enugu State including salaries and other benefits attached to his office.

In order to appreciate this appeal, it is necessary to refer to the facts leading to the appeal. Briefly the facts are that the respondent a public servant under the Public Service of Enugu State w…