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(2010) JELR 55628 (CA)

Court of Appeal  •  CA/C/87/2008  •  4 Mar 2010  •  Nigeria

KUMAI B. AKAAHS JCA (Presided) JAFAARU MIKA’ILU JCA (Read the Lead Judgment)


MIKA’ILU JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Federal High Court, Calabar Judicial Division, presided over by Hon. Justice A. O. Ajakaye. The said judgment was delivered on 14 November 2002. Therein the plaintiff/respondent, a non- academic staff of the defendant/appellant was alleged to have committed gross misconduct in that he collected money from members of the public with a promise to influence their admission contrary to the rules and regulations which governed his employment. As a result, by a letter dated 2 September 2002, the plaintiff/respondent was dismissed from the service of the defendant for gross misconduct. On 30 July 2004, the plaintiff/respondent took out a writ of summons challenginghis dismissal. At the end of the trial, the trial Judge gave judgment in favourof the plaintiff, nullifyinghis dismissal and orderinghis reinstatement and payment of all his salaries and allowances.

Dissatisfied with the said judgment, the d…

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