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AGBEFAWO AREMU TAJUDEEN V. CUSTOMS, IMMIGRATION & PRISONS SERVICE BOARD

(2009) JELR 33826 (CA)

Court of Appeal  •  CA/L/420/05  •  3 Jul 2009  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; ADZIRA GANA MSHELIA JCA; ADAMU JAURO JCA;

Judgement

ADAMU JAURO, J.C.A. (Delivering the Leading Judgment): The plaintiff was employed by the defendant, namely Customs, Immigration and Prisons Service Board, by a letter dated 17th July, 1990 to work under the Prisons Services Department, as an Assistant Superintendent of Prisons. By another letter dated 3rd June, 1996 and served on the plaintiff that same day, he was dismissed from service, on grounds of absenteeism and misconduct. Dissatisfied with the state of affairs of having been thrown out of employment into the vagaries of labour market, the plaintiff instituted an action in the Federal High Court Lagos. The action was commenced by Writ of Summons and Statement of Claim dated and filed on 15th March, 2002 seeking for the following reliefs:

"(a). A DECLARATION that the abrupt termination of the applicant's employment by the respondents without just cause and without following the due process of law in unconstitutional, illegal, null and void, as it breaches the applicant's Fundameā€¦

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