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PROF. UBA NWUBA FEDERAL POLYTECHNIC OKO V. CHIEF E. A. NWAGU

(2007) JELR 53034 (CA)

Court of Appeal  •  CA/E/103/2006  •  25 Jun 2007  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA (Presided) SOTONYE DENTON-WEST JCA (Read the Lead Judgment) JIMI OLUKAYODE BADA JCA

Appearances
H. A. Ejim Esq. (with him, Author Obi Okam Esq.) - for the Appellants. -*- A. Okeke Esq. - for the Respondent.

Judgement

DENTON-WEST JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the Federal High Court, Enugu, delivered in suit No. FHC/EN/262/2002 on 24/2/2006. In the lower court, the plaintiff who is the respondent in this court claimed the followingreliefs namely: “(a) A declaration that the 1st defendant not havingbeen appointed properly as the Rector of the Federal Polytechnic Oko cannot act or purport to act as the Rector of the Federal Polytechnic Oko.

A declaration that any act or purported act including the purported suspension of the plaintiff as the chief stores and supplies officer of the 2nd defendant by the 1st defendant, who lacked the requisite “vires” or authority to do so is illegal , null and avoid or of no effect.

A declaration that in not offering the plaintiff opportunity to state his case before he was adjudged “guilty” and suspended from the service of the 2nd defendant by the 1st defendant, the defendants had denied the plaintiff his basic constituti…

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