<p><strong> MUSDAPHER, JCA (Delivering the Lead Judgment): </strong> The appellant herein His Excellency D. S. P. Alamieyeseigha is the elected Governor of Bayelsa State. By an <em> ex-parte </em> application, the 1st to 3rd respondents herein, as applicants, applied to the court below under the provisions of Order 47 A rule 3 of the Federal High Court (Civil Procedure) Rules against the 4th respondent, the Chief of Air Staff, Nigerian Air force, for an order:- “granting the applicants leave to apply to this Honourable Court for an order of Mandamus to compel the respondent herein to act pursuant to section 83 of the Air Force Act Cap. 15 LFN 1990 to dismiss from service or refer to a Court Martial for the trial of Squadron Leader D.S.P. Alamieyeseigha (NAF/677) for the offence of cheating in an examination at the Command and Staff College Course 14 (CSC14) in 1991.” Pursuant to the grant of the leave, an Originating Motion on Notice was filed under Order 47 rule 5 of the aforesaid rules on the 20th January, 2000…</p>