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(2021) JELR 106981 (SC)

Supreme Court  •  SC.285/2008  •  15 Jan 2021  •  Nigeria

Olabode Rhodes-Vivour, JSC Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC Chima Centus Nweze, JSC Amina Adamu Augie, JSC Uwani Musa Abba Aji, JSC


UWANI MUSA ABBA AJI, J.S.C. (Delivering the Leading Judgment): The Appellants were all senior staff and employees of the Respondent Institution, whose appointments were terminated at different dates from 1995 to 1999 because inter alia they were sent on various training overseas by the 1st Respondent and after the completion of their courses and allowed time, refused to return to the 1st Respondent. By an Originating Summons dated 17/7/2000, the Appellants sought the following reliefs before the Federal High Court, Abuja:

1. A declaration that there is no provision in Decree No. 48 of 1992 as amended by Decree No. 11 of 1993, that permits or allows the 1st, 2nd and 3rd defendants, their servants or agents to perform or do all or any of the functions/duties of the 4th defendant specified in Section 3(2), 6, 10, 11, 15 and 16 or any other Section of Decree No. 48 of 1992, in the absence of the 4th defendant being duty constituted and or without the approval/delegation of the 4th defendan…

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