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WAZIRI UMARU FEDERAL POLYTECHNIC BIRNIN KEBBI & ORS v. DR. HALIRU BALA

(2017) JELR 37994 (CA)

Court of Appeal  •  CA/S/86/2016  •  8 Jun 2017  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; MUHAMMED LAWAL SHUAIBU JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

FREDERICK OZIAKPONO OHO, J.C.A.(Delivering the Leading Judgment): This is an Appeal against the judgment of the Federal High Court sitting in the Birnin Kebbi Judicial Division, delivered on the 30-6-2016 in suit number FHC/KB/CS/7/2016, wherein judgment was entered in favour of the Respondent. Following the grant of leave on the 9-3-2015 by the Court below to the Respondent who at the time was the Plaintiff to apply for judicial review by way of certiorari and seek the reliefs as contained on the face of the Originating summons dated the 26-2-2015, and filed on the 2-5-2015, the Respondent asked for the following reliefs;

1. AN ORDER for leave to apply for judicial review by way of certiorari praying for:

a. A Declaration that the notice of dismissal issued by the 4th Respondent on the approval of the 2nd Respondent is invalid unconstitutional, null, void and of no effect whatever in law regard being had to pendency of suit No. KB/HC/47/2014 before the Kebbi State High Court of Justiceā€¦

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