SAMUEL TOR AKULEGA V. BENUE STATE CIVIL SERVICE COMMISSION ATTORNEY-GENERAL, BENUE STATE

NZEAKO, JCA (Delivering the Lead Judgment): This appeal is againstthe ruling from the High Court of Justice, Makurdi, Benue State of Nigeria refusing the application of the applicant in suit No. MHC/261m/97. In the ruling delivered on the 26th of September, 1977, the learned trial Judge refused to grant the reliefs sought by the applicant to enforce his fundamental rights of fair hearing. The application was dismissed. Being aggrieved, the applicant appealed to this court. The respondents, the Benue State Civil Service Commission and the Attorney-General of Benue State were also the respondents in the court below.

Prior to his application to the High Court, the appellant had, upon an ex-parte motion, been granted leave to file an application to enforce his fundamental rights as aforesaid by the same court, on 2nd April, 1997. The claim leading to the appeal in this matter arose when by a letter dated 2nd of April 1997, the 1st respondent informed the appellant that it had dismissed…