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THE HONORABLE MINISTER OF INTERNAL AFFAIRS & ORS. V. ALHAJI A. K. ALIYU

(2004) JELR 45074 (CA)

Court of Appeal  •  CA/K/101/2000  •  19 Jul 2004  •  Nigeria

Coram
BABA ALKALI BA’ABA JCA; JOSEPH JEREMIAH UMOREN JCA; STANLEY SHENKO ALAGOA JCA;

Judgement

BA'ABA, J.C.A. (Delivering the leading judgment): This is an appeal and a cross appeal against the judgment of the Kano State High Court of Justice delivered on 14th December, 1999, by Alkali, J. The respondent was the plaintiff at the trial court where he instituted an action against the appellants who were the defendants, claiming per paragraph 22 of his amended statement of claim as follows:

"WHEREFORE the plaintiff claims against the Defendant jointly and severally as follows

(a) A declaration that his purported dismissal from service of 3rd defendant was unfair, against the rule of audi alterim pattem, unconstitutional and wrongful.

(b) A declaration that the purported dismissal was with retrospective effect, vindictive and therefore void.

(c) A declaration that the procedure adopted by 3rd defendant treating plaintiff's case whereby plaintiff's fate was left to hang in the air for a period of 8 years and 8 months was irregular intimidating and contrary to Federal Civil Service…

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