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HONOURABLE MINISTER OF LABOUR AND PRODUCTIVITY & ANOR V. MR. KOLAWOLE GBELEYI

(2008) JELR 46877 (CA)

Court of Appeal  •  CA/L/359/2002  •  10 Jul 2008  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; ADZIRA GANA MSHELIA JCA; REGINA OBIAGELI NWODO JCA;

Judgement

CLARA BATA OGUNBIYI, J.C.A (Delivering the leading judgment): This is an appeal from the judgment of the Federal High Court Lagos presided over by Honourable Justice S. W. Egbo-Egbo on 22nd day of March, 2001, wherein the judge held that the non compliance with the constitution of the panel on quorum had rendered the whole proceedings of the respondent's dismissal being null and void. The dismissal of the respondent from the services of the 1st appellant on November 9th, 1994 was therefore declared illegal, unconstitutional, null and void and of no effect whatsoever; the court consequently ordered his reinstatement into the Federal Civil Service with effect from the said date. All salaries, allowances and other entitlements due to the respondent were also ordered to be paid. The appellants were the defendants in the lower court while the respondent was the plaintiff, Pages 14 and 15 of the judgment at the undated pages of the record of appeal are instructive.

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