CHRISTIANA I. YARE V. NATIONAL SALARIES, WAGES AND INCOME COMMISSION
(2013) JELR 35875 (SC)
Supreme Court
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SC.254/2005
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10 May 2013
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Nigeria
Coram
CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC;
MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC;
SULEIMAN GALADIMA JSC;
CLARA BATA OGUNBIYI JSC;
STANLEY SHENKO ALAGOA JSC;
Appearances
Ibrahim Idris Esq. with Femi Motojesi Esq, Izuchukwu Ohajinwa Esq. For Appellant
A. U. Mustapha, Esq. with Olupitan Adesola Esq. For Respondent
Judgement
<p>SULEIMAN GALADIMA, J.S.C. (Delivering the Leading Judgment): This is an Appeal against the Judgment of the Court of Appeal, Abuja Division (hereinafter referred to as the "Court below") delivered on 19/5/2005 in favour of the Respondent. The Appellant was not satisfied with the decision, hence he appealed further to this Court.</p><p> The background facts leading to this appeal are summarized herein. The Appellant as plaintiff at the Federal High Court Abuja took out a writ of summons against the Respondent, as Defendant, claiming for the following declaration and orders by the said trial Federal High Court in his Amended Statement of Claim. </p><p> 1. A declaration that the compulsory retirement of the plaintiff was unlawful as it did not meet the requirements of the Civil Service Rules. An order setting aside retirement of the plaintiff on the grounds that the antecedents leading to the retirement were unauthorized and unofficial thus cannot result in an official sanction.</p><p> 2. An order of court reβ¦</p>