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PETER ORBAN YISSA V. BENUE STATE JUDICIAL SERVICE COMMISSION

(2004) JELR 54153 (CA)

Court of Appeal  •  CA/J/153/2002  •  9 Dec 2004  •  Nigeria

Coram
OLUDADE OLADAPO OBADINA JCA (Presided) AMIRU SANUSI JCA IFEYINWA CECILIA NZEAKO JCA (Read the Lead Judgment)

Judgement

NZEAKO JCA (Delivering the Lead Judgment): On the 24th of February, 2000, Hwande J., sitting at the High Court of Justice Makurdi,

Benue State delivered judgment in suit MHC/69/99, filed by the appellant who was the plaintiff in the claim, after hearing the plaintiff who alone testified. He dismissed the claim. In the said claim, the plaintiff had sought the following reliefs:- A declaration that the plaintiff’s purported dismissal from the employment of the defendant by letter referenced JSC/SEC/ P/1049/1/20 dated 26th April, 1995 is unconstitutional, illegal, null and void and of no effect whatsoever.

An order directing the defendant to reinstate the plaintiff to his status as a public servant in her employment without prejudice to such entitlements and promotions that might have accrued to him during the period of his purported dismissal. An order of injunction restraining the defendant, her servants or agents from further interfering with the plaintiff ’s performance of his duties…

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