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INDEPENDENT NATIONAL ELECTORAL COMMISSION V. CHUKWUKA C. OKORONKWO

(2009) JELR 51866 (CA)

Court of Appeal  •  CA/E/188/2007  •  20 May 2009  •  Nigeria

Coram
AMIRU SANUSI JCA (Presided) MOHAMMED LADAN-TSAMIYA JCA OLUKAYODE ARIWOOLA JCA (Read the Lead Judgment)

Appearances
E.E. Ogbodu Esq. - for the Appellant. -*- Ifeanyi Udenze Esq. (with him, Isaac Ojesa Esq.) - for the Respondent. H

Judgement

ARIWOOLA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Federal High Court, sitting in Enugu, delivered on 23 December 2005 by Hon. JusticeA.A.B. Gumel in which the plaintiff/ respondent’s claims were granted against the defendant/appellant. At the lower court, the respondent had claimed against the appellant as follows:

“(i) Declaration that the purported suspension of the plaintiff and confirmed in defendant’s correspondence ref. NECON/AN/

P.59/90 of 13 September 1997 from the service of the defendant is wrongful, ultra vires , null and void and of no effect whatsoever.

) Declaration that plaintiff is entitled to continue in his employment in the service of the defendant uninhibited by the said letter of suspension.

(i i) Declaration that plaintiff is entitled to his salary, promotion and other emoluments and benefits from 13 September 1997, paid to the plaintiff immediately upon the determination of the suit. (iv) N1,000,000.00 (one million naira)…

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