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DR.G.S. OBO v. COMMISSIONER OF EDUCATION BENDEL STATE & ANOR.

(2001) JELR 44239 (SC)

Supreme Court  •  SC.181/93  •  26 Jan 2001  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; SYLVESTER UMARU ONU JSC; ANTHONY IKECHUKWU IGUH JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC;

Judgement

KUTIGI, J.S.C. (Delivering the Leading Judgment): In the High Court holden at Benin City, the plaintiff's claims against the defendants jointly and severally read as follows:-

"1. A declaration that the purported termination by the defendants of the plaintiff's appointment as a civil servant in the Civil Service of the Bendel State of Nigeria is unlawful, unconstitutional, null and void.

2. A declaration that the plaintiff is still an officer in the Bendel State Civil Service and entitled to resume his duties and functions therein and to receive and/or enjoy the rights, remuneration, benefits and privileges attached to his post and/or office.

3. A mandatory injunction restoring the plaintiff to his post and/or office and to all his rights, remuneration, benefits and privileges aforesaid.

4. And any other relief or order which the court may deem fit to grant or make in the circumstance."

Pleadings were filed and exchanged. In their joint statement of defence, the defendants counter-cla…

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