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OGBUAGU JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Benin Division (hereinafter called “the court below”) delivered on 18 February 2002, allowing the appeal of the appellant and holding that the decision to terminate his appointment, ought to or would have been made by the Minister of Education in the absence of the Governing Council of the 1st respondent, having regard to the enabling Act under which the appellant was employed - i.e. Decree No. 4 of 1986.
After taking “a hard look at the Decree and the letter of appointment” of the appellant as a senior lecturer on grade level 13 step 1 and that the appellant did not state or give evidence as to what his salary was at the time the appointment was terminated, it found as a fact that the appellant on the termination of his said appointment, was granted or “awarded” only one month’s salary in lieu of notice. It then proceeded to award to the appellant, six (6) months salary in lieu…