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PATRICK ZIIDEEH V. RIVERS STATE CIVIL SERVICE COMMISSION

(2007) JELR 54971 (SC)

Supreme Court  •  SC.183/2001  •  26 Jan 2007  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC (Presided) UMARU ATU KALGO JSC GEORGE ADESOLA OGUNTADE JSC MAHMUD MOHAMMED JSC (Read the Lead Judgment) IKECHI FRANCIS OGBUAGU JSC

Appearances
S. J. Ofoluwa Esq. - for the Appellant. -*- A. M. Macarthy Oriye (Mrs.) S. S. C., Rivers State Ministry of Justice - for the Respondent.

Judgement

MOHAMMED JSC (Delivering the Lead Judgment): This appeal isagainst the judgment of the Port Harcourt Division of the Court of Appeal delivered on 7-12-2000, dismissing the appellant’s appeal against the judgment of the High Court of Justice Rivers State, Ahoada Judicial Division of 29-11-1990 dismissing the appellant’s action against the respondent. The appellant was a civil servant under the employment of the respondent in the Ministry of Commerce and Industry, Port Harcourt as a store assistant. In 1977, it was discovered in the store where the appellant was serving that 120 bales of stockfish worth N20,000.00 were missing. The appellant who was interdicted and placed on half salary, was charged to a Magistrates’ Court for the theft of the bales of stockfish. After the trial, the appellant was discharged and acquitted on 1-11-1978.

However, in 1984, a Board of Inquiry was instituted to investigate the loss of the 120 bales of stockfish from the appellant’s store. The appellant was …

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