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GROUP CAPTAIN KANWAI NEHEMIAH SHAKS v. THE CHIEF OF THE AIR STAFF & ANOR

(2018) JELR 38356 (CA)

Court of Appeal  •  CA/A/01/2017  •  11 May 2018  •  Nigeria

Coram
ABDU ABOKI JCA; TINUADE AKOMOLAFE-WILSON JCA; EMMANUEL AKOMAYE AGIM JCA;

Judgement

TINUADE AKOMOLAFE-WILSON, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the National Industrial Court of Nigeria, Abuja, delivered on 17th October, 2016 by Hon. Justice B.A. Adejumo.

The case of the Appellant is that he was unlawfully retired by the Chief of Air Staff who lacks the power to approve his retirement.

Parties filed their pleadings and filed written addresses before the trial Court.

At the conclusion of the case, on 17th October, 2016, judgment was delivered by learned trial Judge, dismissing the Appellant's case in its entirety, He however ordered that "another letter of retirement be issued to the Claimant indicating clearly that it is the Air Council that approve the retirement".

Dissatisfied, the Appellant filed a notice of Appeal to this Court containing four grounds of appeal.

In this Court parties duly filed their respective briefs of argument. The Appellant also filed a Reply brief. The Reply brief is practically a rehash of his oriā€¦

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