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NATIONAL ELECTRIC POWER AUTHORITY V. B. ATUKPOR

(2000) JELR 52746 (CA)

Court of Appeal  •  CA/I/142/97  •  5 Apr 2000  •  Nigeria

Coram
A.MARIAM MUKHTAR, JCA (Presided and read the Lead Judgment) MORONKEJI OMOTAYO ONALAJA, JCA OLUFUNLOLA OYETOLA ADEKEYE, JCA

Judgement

MUKHTAR, JCA: (Delivering the Lead Judgment) This is an appeal against the ruling of the High Court of Oyo State, sitting in Ibadan, delivered on 28th November, 1996, on a preliminary objection that the court lacked jurisdiction to hear the case raised by the Defendant, who is now the Appellant. The claims in the High Court, as per the Writ of Summons and the Statement of Claim, are as follows:

Declaration that the purported dismissal of the Plaintiff from the services of the 1st Defendant by a letter dated 18th March, 1992, is unconstitutional, contrary to the rules of Natural

Justice and/or procedures laid down in the conditions of the A Appellant’s appointment, irregular, illegal, null, void and of no effect.

Mandatory order directed to the 1st Defendant to reinstate the Plaintiff to the position where his contemporaries are in the employment of the 1st Defendant.

An order directing the 1st Defendant to pay the Plaintiff’s arrears of salary and other emoluments from 18th March, 1992 …

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