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NATIONAL ELECTRIC POWER AUTHORITY V. J. S. OSOSANYA & ORS.

(2004) JELR 53971 (SC)

Supreme Court  •  SC. 17/2002  •  23 Jan 2004  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE, JSC (Presided) UTHMAN MOHAMMED, JSC ANTHONY IKECHUKWU IGUH, JSC (Read the Lead Judgment) AKINTOLA OLUFEMI EJIWUNMI, JSC DAHIRU MUSDAPHER, JSC

Appearances
Dr. B. A. M. Ajibade, (with him, T. Nwogu, Esq.) - for the Appellant. -*- J. Ogunye, Esq. (with him, M. Ukpebor, Esq., O. Fatoki, Esq. and P. Akpakpan, Esq.) - for the Respondents.

Judgement
<p><strong> IGUH, JSC (Delivering the Lead Judgment): </strong> This is an appeal against the judgment of the Court of Appeal, Lagos Division, which had on the 28th day of September, 2000 dismissed two consolidated appeals by the defendant from the decisions of Jinadu, J. of the Federal High Court, Lagos delivered on the 2nd day of February, 1996 and the 23rd day of April, 1997 respectively. The Court of appeal had affirmed the decisions of the trial court and held that the Federal High Court had jurisdiction to hear and determine the two suits instituted by the respondents, as plaintiffs/applicants, against the defendant, herein the appellant. The suits challenged the termination/dismissal of the appointments of the respondents by theappellant pursuant to the provisions of the Public Officers (Special Provisions) Decree No. 17 of 1984, hereinafter referred to as “Decree No. 17 of 1984.” The plaintiffs/applicants, 271 in all, had filed two actions in representative capacities challenging their respective…</p>

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