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ORTHOPAEDIC HOSPITALS MANAGEMENT BOARD V. MALLAM UMARU GARBA & ORS

(2002) JELR 47090 (SC)

Supreme Court  •  SC.149/1997  •  12 Jul 2002  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; IDRIS LEGBO KUTIGI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; UTHMAN MOHAMMED JSC; UMARU ATU KALGO JSC;

Judgement

U. MOHAMMED, JSC. (Delivering the Leading Judgment): The plaintiffs, who are the respondents in this appeal, are employees of the National Orthopaedic Hospital, Dala, Kano. They were suspended from duty following an allegation of theft of some properties belonging to the National Orthopaedic Hospital, Kano. The respondents were arrested and taken to a Chief Magistrate's Court in Kano. They were tried and discharged. Since then they were suspended from duty and placed on half salary. When their appeal for re-instatement on full salary was not granted they went to court and filed the following claim against Orthopaedic Hospitals Management Board:

(a) A declaration that the plaintiffs are still employees of the defendant.

(b) An order compelling the defendant to re-instate the plaintiffs to their posts.

(1) ₦28,000.00 as arrears of salary and allowance due to the 1st plaintiff from the day of suspension till November 1992 and thereafter his full salary and allowance until he lawfully cea…

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