MR. ONU AGHA UDUMA V. ATTORNEY-GENERAL OF EBONYI STATE & ORS
(2013) JELR 35637 (CA)
Court of Appeal
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CA/E/237/2011
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21 May 2013
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Nigeria
Coram
MOJEED ADEKUNLE OWOADE JCA;
ISAIAH OLUFEMI AKEJU JCA;
EMMANUEL AKOMAYE AGIM JCA;
Appearances
F.S.N. Agazi with I. Agbo For Appellant
P.M. Awada Dcl. Ebonyi State with H.I. Ogidu (Miss) (NYSC) State counsel For Respondent
Judgement
<p>MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of B.A.N. Ogbu J, delivered in the Abakaliki Judicial Division of the High Court of Ebonyi State on 29th day of March 2001 in Suit No. HAB/27/2010.</p><p> On 18th day of May 2010, the Appellant as Plaintiff filed a writ of summons accompanied by a statement of claim against the Respondents.</p><p> Paragraph 34 of the Appellant's statement of claim is as follows:-</p><p> 34. Whereof the Plaintiff claims against the defendants jointly and severally as follows:-</p><p> (a) A Declaration that the letter No. EBS/CSC/09/002/1/248 headed "Dismissal of Mr. O.A. Uduma, for serious Acts of Misconduct" dated 20th May 2009 and signed by the Permanent Secretary/Secretary Ebonyi State Civil Service Commission which purports to dismiss/terminate the appointment of the Plaintiff as Chief Accountant in the Ebonyi State Civil Service is null and void, ineffective in law to terminate the appointment.</p><p> (b) A Declaration that the …</p>