DARLINGTON E. E. IHKPESSI V. CROSS RIVER UNIVERSITY OF TECHNOLOGY, CALABAR & ORS

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Cross River State sitting in Calabar delivered on the 23rd January, 2014 by ATTOE-ONYEBUEKE J.

The Appellant was a staff of the 1st and 2nd Respondents and in the course of the said employment, there was a staff audit exercise after which the Appellant received a letter redeploying him to the Secondary Education Board of Cross River State. Appellant resisted the redeployment and instead offered to proceed on voluntary retirement. Appellant then took out a writ of summons against the Respondents at the trial Court and sought the reliefs contained in the statement of claim filed on 12th May, 2009 on pages 4-7 of the record of appeal as follows:

(a) A declaration that the purported redeployment of the Claimant is inconsistent with the Plaintiff's contract of service with the 1st Defendant and ipso facto invalid, illegal, null and void and of no effect.

(b) A …