PSYCHIATRIC HOSPITALS MANAGEMENT BOARD V. MRS DORIS EDOSA
(2001) JELR 49396 (SC)
Supreme Court
•
SC.163/1995
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23 Feb 2001
•
Nigeria
Coram
ABUBAKAR BASHIR WALI JSC;
EMMANUEL OBIOMA OGWUEGBU JSC;
UTHMAN MOHAMMED JSC;
UMARU ATU KALGO JSC;
AKINTOLA OLUFEMI EJIWUNMI JSC;
Appearances
Okiemute Mudiaga Odje (with him, Funke Anuwa) -for the Appellant For Appellant
Respondent absent and unrepresented For Respondent
Judgement
<p>WALI, J.S.C. (Delivering the Leading Judgment): I dismissed this appeal and reserved my reasons for doing so today which I now proceed to give. </p><p> The plaintiff's claim as pleaded in paragraph 35 of the Statement of Claim is as follows:-</p><p> "WHEREOF the plaintiff claims against the defendant:-</p><p> 1. A declaration that the purported termination from the services of the defendant by two letters viz letter No. PH/PE. 1030/61 of 23rd December, 1987 and letter No. PHMB/15/IV/556 dated 28th March, 1988 are unconstitutional, illegal, ultra vires, null and void and of no effect.</p><p> 2. An order re-installting the plaintiff to her position in the defendant's employment with effect from the said 24th December, 1987.</p><p> 3. An order that all the plaintiff's salaries, allowances, claims entitlements and benefits due and payable be paid to the plaintiff with effect from the date of her suspension.</p><p> Dated at Benin City, this 17th day of November, 1988.</p><p> (Sgd.)? ? </p><p> The defendant denied the claim, filed a statement ofโฆ</p>