<p><strong> ADEKEYE JCA (Delivering the Lead Judgment): </strong> On the writ of summons issued on 1 September 2005, and his statement of claim, the appellant - MallamAbdulfataiAiyelabegan claimed against the respondents,the Local Government Service Commission,Kwara State and theAsa Local Government Area, Afon respectively as follows - “(1) A declaration that the letters of No. LGSC/S/50/T/179 of 9 March 2004 by which the claimant was put on indefinite suspension without pay and Ref. No. LGSC/469/T/27 dated 4 April2005 bywhich the claimant waspurportedly compulsorily retired by the 1st defendant is unconstitutional, null and of no effect.</p><p>A declaration that the compulsory retirement of the claimant by the 1st defendant is unlawful, unconstitutional, null and voidand of no effect for non-compliance with rulesof discipline and section 36 of the Constitution of the Federal Republic of Nigeria, 1999, which guarantees the claimant’s right to fair hearing. An order ofcourt settingaside the letter Ref. No. LGSC/…</p>