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(2019) JELR 87528 (NICN)

National Industrial Court of Nigeria  •  NICN/LA/130 /2017  •  14 Feb 2019  •  Nigeria

Hon. Justice (Dr.) I. J. Essien


ESSIEN J (DELIVERING THE JUDGMENT): The claimant in this suit by an originating summons dated the 17/2/2017 and filed on the 20/3/2017 sought the determination of the following questions from this court;

1) Whether the claimant in this suit, who was the appellant in Appeal No. CA/C/129/2001 in Lt. Y.T. YAKUBU v. CHIEF OF NAVAL STAFF and 2 ORS, is not entitled to be re-instated by the defendants to his pre-trial status in the Nigerian Navy based on the Judgment of the Court of Appeal delivered on Thursday the 15th day of May 2003 in Suit No. CA/ C/ 129/2001 herein above stated.

2) Whether the defendants in this suit are not bound, having regard to the above judgment of the Court of Appeal, to re-instate the claimant into the Nigerian Navy and restore his rights and privileges including the payment of his arrears of salaries and allowances as well as all his accrued benefits from 17 May 2003 till the date his employment is lawfully determined in accordance with the terms and conditions g…

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