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MICHAEL IMODU NATIONAL INSTITUTE FOR LABOUR STUDIES V. SHAIDU NDA’J MALIKI

(2011) JELR 57330 (CA)

Court of Appeal  •  CA/IL/19/2010  •  29 Mar 2011  •  Nigeria

Coram
T. ABDULLAHI (PJ) JCA (Presided and Read the Lead Judgment) SOTONYE DENTON-WEST JCA (Dissented) IGNATIUS IGWE AGUBE JCA

Appearances
H. Kareem, Esq. for the Appellant; M.A. Bello, Esq. (with him, Badrudeem A.A., Esq. and M.A. Raji, E Esq.) for the Respondent.

Judgement

ABDULLAHI JCA (Delivering the Lead Judgment): This is an appeal against thedecision of the Federal High Court, Ilorin Division, coram :Bilkisu B. Aliyu, J. delivered on 2 December 2009 whereby the trial court made an order declaring that the termination of the employment of the respondent by the appellant through a letter of notice of termination of probationary employment dated 24 November 2008, exhibit K was wrongful and ordered the reinstatement of the respondent.

The respondent was the plaintiff in the lower court while the appellantwas the defendant in that court. The respondent as plaintiff initiated an action against the appellant as defendant by filing an originating summons whereby, he sought as follows:

“1. Whether upon a correct interpretation of the defendant’s, staff regulations and conditions of service and the judgment of the Court of Appeal, Ilorin, in Appeal No. CA/IL/22/2007 between the parties, the plaintiff can still be regarded as a probationary staff of the def…

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