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INDEPENDENT NATIONAL ELECTORAL COMMISSION V. CHUKWUKA C. OKORONKWO

(2009) JELR 47166 (CA)

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

Coram
AMIRU SANUSI JCA; MOHAMMED LADAN TSAMIYA JCA; OLUKAYODE ARIWOOLA JCA;

Judgement

OLUKAYODE ARIWOOLA, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court, sitting in Enugu, delivered on 23rd December, 2005 by Hon. Justice A.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 13th September, 1997 from the service of the Defendant is wrongful, ultravires, null and void and of no effect whatsoever.

(ii) Declaration that plaintiff is entitled to be (sic) continue in his employment in the service of the Defendant uninhibited by the said letter of suspension.

(iii) Declaration that Plaintiff is entitled to his salary, promotion and other emoluments and benefits from 13th September, 1997, paid to the Plaintiff immediately upon the determination of the suit.

(iv)…

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