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CHRISTIANA I. YARE V. NATIONAL SALARIES, WAGES AND INCOME COMMISSION

(2013) JELR 57768 (SC)

Supreme Court  •  SC. 254/2005  •  10 May 2013  •  Nigeria

Coram
CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC (Presided) MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC SULEIMAN GALADIMA JSC (Read the Lead Judgment) CLARA BATA OGUNBIYI JSC STANLEY SHENKO ALAGOA JSC

Judgement

GALADIMA JSC (Delivering the Lead 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 May 2005 in favour of the respondent. The appellant was not satisfied with the decision, hence, he appealed further to this court.

The background facts leading to this appeal are summarized herein. The appellant as plaintiff at the Federal High CourtAbuja 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. “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. An order of court reinstating the pla…

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