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WING COMMANDER YUSUF GARBA MSHELIA V. NIGERIAN AIR FORCE & ANOR

(2014) JELR 36404 (CA)

Court of Appeal  •  CA/A/117/2012  •  13 Jun 2014  •  Nigeria

Coram
ABUBAKAR DATTI YAHAYA JCA; JOSEPH TINE TUR JCA; TINUADE AKOMOLAFE-WILSON JCA;

Judgement

ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Federal High Court Abuja, delivered on the 3rd of November 2011. The Appellant herein, was the plaintiff at the Federal High court Abuja and commenced the action by means of an originating summons praying for -

(a) A declaration that the letter of compulsory retirement dated August 1999 is null, void and unconstitutional as there exists no publication in any gazette authorizing and/or delegating G. O. Udokhai to act in that behalf.

(b) A declaration that the said letter of compulsory retirement dated August 1999 is void, null and unconstitutional as it was issued contrary to the conditions of service as contained in the Executive Regulations for the Nigerian Air Force, made pursuant to the Nigeria air Force Act.

(c) A declaration that the continuous failure of the defendants to investigate the plaintiff's complaints as required by the provision of Section 128 of the Air Forceā€¦

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