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AUGUSTINE MAIKYO V. W. E. ITODO & ORS.

(2007) JELR 33828 (SC)

Supreme Court  •  SC.242/2003  •  9 Mar 2007  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; NIKI TOBI JSC; DAHIRU MUSDAPHER JSC; SUNDAY AKINOLA AKINTAN JSC;

Judgement

S. A. AKINTAN, J.S.C (Delivering the Leading Judgment): The appellant, Augustine Maikyo, instituted this action at Makurdi High Court in Benue State as Suit No. MHC/75/97. The said appellant was an employee of the Benue State Local Government Service (2nd respondent) and his grouse with his said employer was that he was compulsorily retired from service. The action was aimed at redressing the wrong. His claim as set out in paragraph 23 of his amended statement of claim is as follows:

"(a) A DECLARATION that the plaintiff's termination and retirement is null and void. The said termination and retirement not being in accordance with the law, i.e. The Public Officers (Special Provisions) Act, Cap. 381, L.F.N. 1990.

AN ORDER re-instating the plaintiff to his employment as a senior personnel officer with the 2nd defendant, Local Government Service Commission, Benue State.

(c) AN ORDER that the plaintiff's emoluments including promotions and leave bonus as a senior personnel officer, lost d…

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