AUGIE, JCA (Delivering the Lead Ruling): The plaintiffs, the applicants herein, were appointed to the Delta State Judicial Service Commission (hereinafter referred to as JSC) in October 1999 but were issued with letters of appointment dated 12th February 2002 with retrospective effect from 22nd October 1999. They instituted an action before the Warri High Court in suit No. W/68/2002 claiming a number of reliefs relating to remuneration, salaries and conditions of service in paragraph 19 of the statement of claim.
They also prayed the Warri High Court for -
“An order of perpetual injunction restraining 1st, 2nd and 3rd defendants from removing plaintiffs as members of 4th defendant and in particular the 3rd defendant from debating and approving the written request of 1st defendant to remove plaintiffs as members of 4th defendant...”
In a ruling dismissing the application, the learned trial Judge held as follows:
“The court is being asked by the prayer to make a specific order to restrai…