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Head of Federal Military Government V. The Public Service Commission of Mid-West State & Anor

(1974) JELR 45197 (SC)

Supreme Court  •  SC.85/73  •  15 Nov 1974  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; GEORGE BAPTIST AYODOLA COKER JSC; GEORGE SODEINDE SOWEMIMO JSC;

Judgement

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): This appeal is sequel to proceedings instituted in the High Court, Benin City, Mid-Western State of Nigeria, whereby the present respondent, Maclean Okoro Kubeinje, who was at all material times a Chief Magistrate in the employment of the Public Service of the Mid-Western State of Nigeria (as applicant) sought and obtained an Order of Certiorari against the Public Service Commission of the Mid-Western State. By motion paper dated the 12th October, 1971, the applicant, Maclean Kubeinje, moved the coon ex parte for:

"an Order of Certiorari to remove into this Honourable Court for the purpose of being quashed the proceedings before the Public Service Commission of the Mid- Western State as contained and described in letter No. PC.80 11203 of 14th April, 1971, referred to and marked as Exhibit MOK.20 in the affidavit filed by the applicant in support of this application whereby the said Public Service Commission adjudged that the a…

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