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NIGERIAN TELECOMMUNICATIONS PLC (NITEL) & ANOR V. MR. L. D.AKWA

(2005) JELR 45286 (CA)

Court of Appeal  •  CA/J/231/1999  •  12 Jul 2005  •  Nigeria

Coram
AMIRU SANUSI JCA; IFEYINWA CECILIA NZEAKO JCA; MOHAMMED LADAN TSAMIYA JCA;

Appearances
F. Umaru For Appellant G. U. Ofen-Imu For Respondent

Judgement

AMIRU SANUSI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Federal High Court Yola (Coram Edet J.) delivered on 4th June, 1998, where the learned trial Judge decided as follows:

"Accordingly, I grant reliefs Nos. 12(a), 12(c) and 12(d). In other words, I declare that the termination of the plaintiff's employment vide memo dated 28/4/89 is both wrong and unlawful, so null and void and of no effect whatsoever. I order that plaintiff's salaries and allowances from May 1989 to June 1998 be worked out by the defendant together with any increases and the sum paid to the plaintiff immediately. I both declare and order that the plaintiff's employment has never been terminated by the defendant and the same is still subsisting. Finally, reinstate the plaintiff into his former rank of Senior Officer II salary B and E level 9 to be deployed as Assistant Manager (LDC). I reject relief No. 12(a) entirely and the same is struck out for want of entitlement.

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