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Chief J. Olorunyolemi & Anor. v. Mrs Helen Akhagbe

(2010) JELR 47590 (SC)

Supreme Court  •  SC.118/2002  •  25 Feb 2010  •  Nigeria

Aloysius Iyorgyer Katsina-Alu JSC; Aloma Mariam Mukhtar JSC; Christopher Mitchel Chukwuma-Eneh JSC; Walter Samuel Nkanu Onnoghen JSC; Muhammad Saifullah Muntaka-Coomaise JSC;


A. M. MUKHTAR, J.S.C: (Delivering the Leading Judgment) This is an appeal against the decision of the Court of Appeal, Lagos Division, which dismissed the appeal before it for lack of filing briefs of argument. In his amended statement of claim the respondent in this appeal claimed the following reliefs jointly and severally against the appellants/defendants: -

"1. That by virtue of the Nigerian Legion Decree No. 37 of 1988 and the Regulations made there under, the Plaintiff is the rightful person to be Commandant-General of the 2nd defendant and entitled to exercise the powers and functions thereof.

2. The merger of the office of Commandant-General, with that of the Chairman of the Council, of the 2nd defendant and the purported exercise of the powers and functions of the two offices by the 1st Defendant is unlawful, illegal, unconstitutional, null and void.

3. That the plaintiff is still a member and employee of the 2nd defendant entitled to his salaries and benefits per month from…

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