ADEMOLA POPOOLA & ORS V. ATTORNEY GENERAL OF KWARA STATE & ORS
(2011) JELR 46693 (CA)
Court of Appeal
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CA/IL/93/2009
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9 Jun 2011
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Nigeria
Coram
TIJJANI ABDULLAHI (PJ) JCA;
SOTONYE DENTON WEST JCA;
CHIMA CENTUS NWEZE JCA;
Appearances
TOS GBADEYAN (MNI)MATTHEW OBARO AND A. S. ASONIBARE For Appellant
A.O. AKINPELU (MRS) SOLICITOR GENERAL AND PERMANENT SECRETARY MINISTRY OFJUSTICEIMAM FULANI (PSC), M. A. ONIYE (PSC), A.A. AKEWUKEWE (SC 1) For Respondent
Judgement
<p>SOTONYE DENTON WEST, J.C.A., (Delivering the Leading Judgment): The appellants as Plaintiffs sued the Respondents jointly at Kwara State High Court of Justice, Ilorin claiming as follows:</p><p> 1. A Declaration that the plaintiffs herein were prior to 3rd February, 1998, Public Servants in the pensionable employment of the Defendants.</p><p> 2. A Declaration that upon the determination of contract of employment hitherto existing between the Plaintiffs and the Defendants and/or their privies on the 3rd February, 1998 the said Plaintiffs are entitled to pensions and gratuities.</p><p> 3. A Declaration that the plaintiffs gratuities and pensions shall be calculated or summed up based on the following subsidiary legislations/circulars.</p><p> a) Circular ref, S/PEN/40/VOL. VII/830 of 20th October, 1992, issued by the Establishment and Trading Departments, Governors Office, Ilorin.</p><p> b) Circular No. B.63216S.1/X/1 of 19th July, 1999 from the Office of the Head of Civil Service of the Federation. The Presidency, Establ…</p>