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OLUSOLA SUNDAY OGUNMOLA V. PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA & ORS

(2021) JELR 111345 (CA)

Court of Appeal  •  CA/A/252/2013  •  1 Feb 2021  •  Nigeria

Coram
STEPHEN JONAH ADAH JCA PETER OLABISI IGE JCA ELFRIEDA WILLIAMS DAWODU JCA

Appearances
L.O. Fagbemi SAN with P. A. Abah Omosanya Popoola, B. A. Oyun and J. O. Anderson for the Appellant; Festus Jumbo ESQ. with Adewale Adegboyega ESQ. for the 3rd and 4th Respondents.

Judgement

PETER OLABISI IGE, JCA (Delivering the Leading Judgment): By his Writ of Summons issued out of the Federal High Court of Nigeria, Abuja Division on 24th day of May, 2005 the Appellant as Plaintiff claimed against the Respondents as Defendants as follows:­ 

"1. DECLARATION that the defendant have no power jointly and or severally to remove the plaintiff by way of termination of appointment, retirement or dismissal from the Federal Civil Service of the Federation or otherwise exercise disciplinary power or control over the plaintiff, a Civil Servant in the above Federal Civil service, except in accordance with the Constitution of the Federal Republic of Nigeria, 1999 and the Federal Civil Service Rules/Regulations.

2. DECLARATION that only 5th defendant can remove the plaintiff from his office and duties (as Civil Servant) by way of termination of appointment, retirement or dismissal from the Federal Civil Service of Nigeria or otherwise exercise disciplinary power or control over the …

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