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THOMAS OFOMAJA V. HON. COMMISSIONER FOR EDUCATION & ORS

(1994) JELR 41250 (CA)

Court of Appeal  •  CA/B/180/92  •  24 Nov 1994  •  Nigeria

Coram
JOSEPH DIEKOLA OGUNDERE JCA; JAMES OGENYI OGEBE JCA; ATINUKE IGE JCA;

Appearances
Mr. Eduvie. Esq. For Appellant Mrs. Avielele P. L. O. (Edo State) For Respondent

Judgement

IGE, J.C.A. (Delivering the Leading Judgment): In the Court below which was the Benin High Court No.4 the appellant as plaintiff commenced an action in Suit No. B/47/91 against the respondents jointly and severally claiming the following reliefs:-

(a) A declaration that the dismissal or purported dismissal of the plaintiff by the defendants from the service of Bendel State Civil Service with immediate effect as contained in a letter reference No.S.296/T1/10 dated the 26th day of April, 1984 and signed by one C. O. I. Maidoh is unlawful in that it is against the provisions of the Civil Service Rules and Regulations of Bendel State, the Principle of Natural Justice, Financial Instructions of Bendel State and therefore ultra vires, null and void and of no effect.

(b) A declaration that the plaintiff is still in the service of the Bendel State Civil Service and is entitled to all his full remunerations, leave bonuses, promotions and allowances from the date of interdiction and the subsequ…

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