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NATIONAL ELECTRIC POWER AUTHORITY VS J. A. OSOSANYA & ORS.

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NATIONAL ELECTRIC POWER AUTHORITY VS J. A. OSOSANYA & ORS.

Legalpedia Citation: (2004) Legalpedia (SC) 11274

In the Supreme Court of Nigeria

HOLDEN AT ABUJA

Thu May 13, 2004

Suit Number: SC. 17/2002

CORAM


John Inyang OkoroJ SCN

A. I. IGUH

S. U. ONU

John Inyang Okoro SCN


PARTIES


NATIONAL ELECTRIC POWER AUTHORITY APPELLANTS


J. A. OSOSANYA & ORS. RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The respondents’ appointments were terminated pursuant to the power delegated by the head of state to the Minister or any personnel in his department under the Public Officers (Special Provisions) Decree No. 17 of 1984


HELD


The court held that the dismissal was properly carried out under Decree 17, and that the jurisdiction of the courts had been ousted by the Decree.


ISSUES


1. Whether the learned Justices of Appeal were right in holding that the dismissal/termination letters of the Respondents did not emanate from the appropriate authority, in this case the then Head of State, Gen. Sani Abacha. 2. Whether the learned Justices of Court of appeal were right in holding that the letters of the dismissal/termination of the Respondents were not written pursuant to Decree No. 17 of 1984.


RATIONES DECIDENDI


CASES CITED


Ebohon V. Attorney-General, Edo State and others (1997) 5 N.W.L.R. (Part 505) 298 at 310.|Wilson V. Attorney General of Bendel State (1985) 1 N.W.L.R. (Part 4) 572 or (1985) 2 S.C. 191Nwosu V. Imo State Environmental Sanitation Authority (1990) 2 N.W.L.R. (Part 135) 688 at 733 F.C.D.A. V. Sule (1994) 3 N.W.L.R. (Part 332) 286 at 287|Agbomeji V. Bakare (1998) 9 N.W.L.R. (Part 564) 1 at 8


STATUTES REFERRED TO


None|


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