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CHIEF E. A. NWAGU v. PROF. UBA NWUBA

(2009) JELR 47368 (CA)

Court of Appeal  •  CA/E/2M/2008  •  23 Mar 2009  •  Nigeria

Coram
AMIRU SANUSI JCA; STANLEY SHENKO ALAGOA JCA; OLUKAYODE ARIWOOLA JCA;

Judgement

STANLEY SHENKO ALAGOA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of A. Lewis Allagoa. J. of the Federal High Court Enugu delivered on the 21st November, 2007 in Suit No. FHC/EN/CS/262/2002 - CHIEF E.A. NWAGU v. PROFESSOR UBA NWUBA and THE FEDERAL POLYTECHNIC OKO. In the court below, the Appellant, a Chief Stores and supplies Officer with the 2nd Respondent and who on the 30th August, 2002 was purportedly suspended from duty by the 1st Respondent, prayed the court as plaintiff for the following as per paragraph 20 of his statement of claim dated 19th November, 2002 and filed on the 21st November, 2002 and contained at page 9 of the Record of Appeal -

(A) A declaration of court that the 1st defendant not having been properly appointed as the Rector of the 2nd defendant can not act or purport to act as such Rector of the 2nd defendant whether to purport to suspend or dismiss the plaintiff from her services.

(B) A further declaration of court that theā€¦

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