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MR. SAADU A. SALIMAN v. KWARA STATE POLYTECHNIC & ORS.

(2005) JELR 45275 (CA)

Court of Appeal  •  CA/IL/12/2005  •  19 Oct 2005  •  Nigeria

Coram
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA; ABOYI JOHN IKONGBEH JCA; TIJJANI ABDULLAHI JCA;

Judgement

MUNTAKA-COOMASSIE, J.C.A. (Delivering the Leading Judgment): The appellant herein, was the plaintiff before the Hon. Justice Gbadeyan of the High Court of Justice Kwara State, holden at Ilorin. The appellant instituted this action by way of originating summons pursuant to Order 6 Rule 2 of the High Court (Civil Procedure) Rules dated 13th day of July, 2004. The originating summons was asking the High Court to determine the following question:

"Is the purported dismissal of the plaintiff, a staff of the Kwara State Polytechnic by the defendants as conveyed in a letter dated 15th April, 2004, for no stated or known cause and without any notice or hearing of whatever nature not ultra vires, unconstitutional, illegal, null and void having regard to the Provisions of S.36 of the Constitution of the Federal Republic of Nigeria, 1999, (sic) and/or the State Polytechnic Edict, No. 13 of 1987, in particular Section 33 thereof?"

After which the appellant sought the following two reliefs:-

"1. A…

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