CHIDI NWAOMA, UWA, J.C.A. (Delivering the Leading Judgment): The appellant was the plaintiff in the lower court. From his amended statement of claim in the Oyo State High Court, sitting at Ibadan, he claimed to have been appointed a full time member of the Oyo State Independent Electoral Commission (OSIEC) (herein after referred to as the Commission) that he had not been lawfully removed in accordance with the provisions of the 1999 Constitution of Federal Republic of Nigeria and an order of payment to him by the defendants the sum of N4,326,522.52 being salary, allowances and other entitlements for the unexpired period of his five years term of office as a member of the commission.
The defendants' case is that the plaintiff was removed from office because of the review of the membership and composition of Oyo State independent Electoral Commission, and filed a preliminary objection dated 12th April, 2006 to the effect that the plaintiff's action is statute barred pursuant to the prov…