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AUGUSTINE I. ODIGWE v. JUDICIAL SERVICE COMMISSION, DELTA STATE

(2010) JELR 47516 (CA)

Court of Appeal  •  CA/B/228/2006  •  9 Dec 2010  •  Nigeria

Coram
AMIRU SANUSI JCA; GEORGE OLADEINDE SHOREMI JCA; OYEBISI FOLAYEMI OMOLEYE JCA;

Judgement

AMIRU SANUSI. J.C.A (Delivering the Leading Judgment): This is an appeal against the decision of the Delta State High Court of Justice, sitting in Warri Judicial Division (hereinafter referred to as the lower Court") delivered on the 2nd day February, 2006. At the lower Court, the plaintiff took a Writ of Summons seeking the under listed declaratory and directory reliefs:-

"(a) A declaration that the Defendant purported dismissal of the Plaintiff from its employment as President of Area Customary Court, Delta State by letter dated 6th August, 2004 and signed by the Defendant Secretary is wrongful, null and void and of no effect as same is unlawful and unconstitutional.

(b) A declaration that the plaintiff employment with the Defendant subsists.

(c) An order directing the Defendant to reinstate the plaintiff to his status as President Area Customary, Delta State with all his benefits, entitlements, salaries, allowances, increments and promotion from 6th August, 2004 until the final de…

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