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GLADSTONE A. UDO v. CIVIL SERVICE COMMISSION AKWA IBOM STATE & ORS.

(2006) JELR 36812 (CA)

Court of Appeal  •  CA/C/59/2003  •  19 May 2006  •  Nigeria

Coram
S. A. IBIYEYE JCA; N. S. NGWUTA JCA; J. OMOKRI JCA;

Judgement

S. A. IBIYEYE, J.C.A (Delivering the Leading Judgment): The Plaintiff in the Uyo Judicial Division of the High Court of Justice of Akwa Ibom State initiated an action against the three defendants by way of an Originating Summons supported by a seven paragraph affidavit sworn to by one Gladstone A. Udoh filed on 14/1/2000 in which he sought the following reliefs:

"1. A Declaration that the 1st Defendant's letter of 23rd October,1997 dismissing the Plaintiff from the service of the Defendants is illegal, unlawful, ultra vires the Defendants and accordingly incapable of determining the employment of the Plaintiff.

2. A Declaration that the dismissal of the Plaintiff from the service of the Defendants upon the "Report of Administrative Panel to Investigate Fraudulent Payments in Oron and Etinan Sub-Treasuries from the period 1995-1996" is ultra vires the powers of the Defendants and accordingly null and void.

3. An order re-instating the Plaintiff in the employment of the Defendants toget…

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