May 26, 2025
Legalpedia Citation: (2009-07) Legalpedia 61782 (SC) In the Supreme Court of Nigeria Holden at Abuja Fri Jul 17, 2009 Suit Number: SC 243/2003 CORAM A.I. KATSINA-ALU, JUSTICE […]
CORAM
A.I. KATSINA-ALU, JUSTICE SUPREME COURT
M. MOHAMMED, JUSTICE SUPREME COURT
S.N. ONNOGHEN, JUSTICE SUPREME COURT
C.M. CHUKWUMA-ENEH, JUSTICE SUPREME COURT
M.S. MUNTAKA-COOMASSIE, JUSTICE SUPREME COURT
PARTIES
CORPORAL EMMANUEL AMODU
APPELLANTS
THE COMMANDANT, POLICE COLLEGE, MAIDUGURI & ANOR
RESPONDENTS
AREA(S) OF LAW
The appellant/plaintiff claimed that his dismissal by the respondent was wrongful and unconstitutional. The trial Judge declared the dismissal null and void. The defendant successfully appealed against the decision to the Court of Appeal. He has further appealed.
SUMMARY OF FACTS
The appellant/plaintiff claimed that his dismissal by the respondent was wrongful and unconstitutional. The trial Judge declared the dismissal null and void. The defendant successfully appealed against the decision to the Court of Appeal. He has further appealed.
HELD
Appeal dismissed
ISSUES
1. Whether it was proper for the Court of Appeal to have rejected the evidence of DW2 who testified in favour of the Appellant, on the ground that the piece of evidence was neither pleaded by the Appellant of the respondents?
2. Whether the learned Justice of the Court of Appeal were correct when they rejected the findings of the trial Chief Judge who saw and heard the witnesses?
3. Whether it was proper for the Court of Appeal to have Suo-moto raised issues neither in the ground of appeal ?
RATIONES DECIDENDI
CIRCUMSTANCES WHERE A SUPERIOR COURT WOULD DISMISSED AN APPEAL THAT LACKS MERRIT
CASES CITED
NONE
STATUTES REFERRED TO
NONE