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MODIBBO ADAMA UNIVERSITY OF TECHNOLOGY, YOLA & ORS v. ACADEMIC STAFF UNION OF UNIVERSITIES (ASUU)

(2014) JELR 36198 (CA)

Court of Appeal  •  CA/YL/36/2012  •  11 Mar 2014  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; JUMMAI HANNATU SANKEY JCA; ADAMU JAURO JCA;

Judgement

OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Federal High Court, Yola, Adamawa State in SUIT NO: FHC/YL/CS/53/2011 -ACADEMIC STAFF UNION OF UNIVERSITIES (ASUU) V. MODIBBO ADAMA UNIVERSITY OF TECHNOLOGY, YOLA and 2 OTHERS delivered on 14th day of May, 2012.

Briefly the facts of the case are that the Respondent who was the Plaintiff at the lower court by an Originating Summons commenced an action in which it sought inter alia the following reliefs against the Appellants as Defendants:-

"1. A declaration that the purported approval of the 1st and 2nd Defendants (now Appellants) for the 3rd Defendant (now 3rd Appellant) to retire at the end of his tenure as Registrar on the 31st July, 2012 amounts to either a renewal of appointment, reappointment or elongation of retirement age of the 3rd Defendant contrary to Rule 020810 (i)(ii) of the Public Service Rules 2008 Edition and therefore illegal, null and void.

2. A declaration that t…

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