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FEDERAL CAPITAL DEVELOPMENT AUTHORITY V. JOSHUA GYUHU SULE

(1994) JELR 43423 (SC)

Supreme Court  •  SC.284/1990  •  25 Mar 1994  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC OLAJIDE OLATAWURA JSC MICHAEL EKUNDAYO OGUNDARE JSC EMMANUEL OBIOMA OGWUEGBU JSC YEKINI OLAYIWOLA ADIO JSC

Appearances
Adetunji Oyeyipo For the Appellant; Karina Tunyan For the Respondent.

Judgement


OLATAWURA, J.S.C. (Delivering the Leading Judgment): This appeal has raised once again the interpretation of S.4(2) of the Public Officers (Special Provisions) Decree No. 17 of 1984. Before going into the said Decree (hereinafter referred to as Decree No. 17 of 1984), I ought to state the facts which led to the action filed by the respondent.

The respondent who was a Principal Architect under the appellant filed an action in the High court of Justice of Federal Capital Territory, Abuja and by his amended Statement of Claim claimed the following reliefs:

"(1) Declaration that the letter reference No. FCDA/55/S.4/Vol.1/149 dated 31st of December, 1985 and signed by Shehu Dawaki purporting to terminate his appointment as Principal Architect with the defendant is illegal, null and void having been issued in disregard of rules of Natural Justice.
(2) Declaration that the purported termination of the plaintiff's appointment by a Permanent Secretary vide letter reference No. FCDA.55/S.4/Vo…

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