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CHIEF AUGUSTINE A. NAWA V. ATTORNEY-GENERAL, CROSS RIVER STATE GOVERNMENT OF CROSS RIVER STATE CROSS RIVER STATE CIVIL SERVICE COMMISSION

(2007) JELR 52912 (CA)

Court of Appeal  •  CA/C/79/2006  •  26 Mar 2007  •  Nigeria

Coram
NWALI SYLVESTER NGWUTA JCA (Presided) JEAN OMOKRI JCA (Read the Lead Judgment) MOJEED ADEKUNLE OWOADE JCA

Judgement

OMOKRI JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment of Hon. Justice Philomena Ekpe of the High Court of Cross River State delivered on 19th day of December, 2005 in suit No. C/450/99.

The appellant, Chief A. A. Nawa, instituted proceedings against the respondents, Attorney-General of Cross River State and 2 others, before the High Court sitting in Calabar, where he claimed:

“(1) A declaration that the purported malicious, vexatious and premature retirement of the plaintiff from his substantive Civil Service career position as Permanent Secretary was done mala fides therefore ultra vires the powers of the defendants and not in accordance with any procedure permitted by law.

(2) An order reinstating the plaintiff to his substantive career position as Permanent Secretary in the Civil Service of the Cross River State.”

The appellant testified for himself and tendered 6 exhibits as PW1 but called no other witness. The respondents also called one witness f…

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