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MR. BATHELOMEW ODEY ONIGA v. GOVERNMENT OF CROSS RIVER STATE & ANOR

(2016) JELR 37118 (CA)

Court of Appeal  •  CA/C/263/2011  •  27 Jan 2016  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; ONYEKACHI AJA OTISI JCA; PAUL OBI ELECHI JCA;

Judgement

PAUL OBI ELECHI, J.C.A. ?(Delivering the Leading Judgment): This is an appeal against the Judgment of Honourable Chief Judge Okoi I. Itam of the Cross River State High Court, Calabar delivered on the 22nd day of June, 2011, whereby the Appellant's case which was commenced by Originating Summons in Suit No. HC/134/2010 was dismissed for being statute-barred.

ISSUE FOR DETERMINATION:

(1) "Whether there was no evidence on Record to show that the Governor acted Ultra vires his power thereby making the claims of the Appellant bordering on breach of Contract of Employment.

(2) Whether the Judgment of the trial Court is not a nullity, the Court having being divested of jurisdiction by virtue of Section 254 (C) (1) (a) of the 1999 Constitution (as altered) ."

On his own part, the Respondent only adopted Issue No. 2 of the Appellant and formulated one new Issue for determination thus:

(1) "Whether the Respondents can be protected by the Public Officers (Protection) Law of Cross River Stat…

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