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CIVIL SERVICE COMMISSION IMO STATE & ANOR. V. GODWIN ...

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that the party was entitled to be heard before, a<br />

decision was reached but was not given opportunity<br />

of hearing the order or judgment thus entered is<br />

bound to be set aside."<br />

See also KOTOYE V. CBN (1989) NWLR (part 98)<br />

419; ATANO V. AG. BENDEL <strong>STATE</strong> (1988) 2 NWLR<br />

(part 75) 201; NTUKDEM V. OKO (1986) 5 NWLR<br />

(part 45) 909. Thus, in the light of the foregoing<br />

postulations. I have no hesitation whatsoever in h<br />

preliminary objection is unmeritorious and it's<br />

accordingly hereby discountenanced.<br />

Having contrasted the 3 issue formulated by the<br />

Appellants Brief with those of the Respondents, I<br />

have had very little, in any, difficulty in<br />

appreciating that they are not at all at cross<br />

purposes. I have thus deemed it appropriate to<br />

adopt 3 issues formulated by the Appellants for the<br />

purpose of determining this appeal; after all it's<br />

their own appeal. See GUDA V. KITTA (1991) 12<br />

NWLR (Part 629) 21.<br />

ISSUE NO 1:<br />

"Whether the Trial Court was right in holding that<br />

this is a proper case for order of certiorari and that<br />

the letters Exhibit AG8 and AG6 of Exhibit B are<br />

hereby quashed"<br />

It is said that this issue covers ground one of the<br />

Grounds of Appeal.<br />

Reference was made by the learned Appellants<br />

counsel to sections 207 and 318 of the<br />

1gggconstitution (supra) conferring delegatory<br />

powers to the 1st Appellant and defining the term<br />

19

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