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MR. KUNLE OSISANYA V. AFRIBANK NIGERIA PLC

(2007) JELR 42617 (SC)

Supreme Court  •  SC.135/2001  •  9 Feb 2007  •  Nigeria

Coram
ALOYSIUS IYORGYER KATSINA-ALU JSC; GEORGE ADESOLA OGUNTADE JSC; ALOMA MARIAM MUKHTAR JSC; MAHMUD MOHAMMED JSC; IKECHI FRANCIS OGBUAGU JSC;

Appearances
Mr. R. A. Lawal-Rabanah (with him, Chuma Chukwudi For Appellant Mr. Tawo E. Tawo For Respondent

Judgement

G. A. OGUNTADE, J.S.C (Delivering the Leading Judgment): The appellant was the plaintiff at the Ilorin High Court of Kwara State; and the respondent, the defendant. The appellant (hereinafter referred to as 'the plaintiff's) claimed against the respondent (hereinafter referred to as 'the defendant') multiple reliefs which read:

"i. A declaration that the dismissal of the plaintiff from the services of the defendant as contained in letter ref. No. OO/MEN/VOK/PERSONNEL/4835/87 of 12th October, 1987 is wrongful, unlawful, unconstitutional, null and void and of no effect whatsoever.

ii. A declaration that the decision of the defendant's senior staff disciplinary committee, which culminated in the dismissal of the plaintiff is contrary to the principles of natural justice and a deliberate and calculated infraction of the plaintiff's right of fair hearing as contained in and preserved by section 33(1) and (2) of the constitution of the Federal Republic of Nigeria, 1979 and therefore null an…

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