A. O. EJIWUNMI, J.S.C. (Delivering the Leading Judgment): By an originating summons issued in the Lagos High Court at the instance of the appellant seeking a determination as to whether having retired from the Nigeria Police Force, he could still be dismissed under the provisions of Decree 17 of 1984. The matter came up before the Lagos High Court presided over by Ilorin,(as he then was) who upon the affidavit evidence of the parties, and the addresses or their learned counsel, struck out the claims of the appellant. The claims were struck out on the ground that the jurisdiction of the court has been ousted by section 3(3) of Decree 17, Public Officers (Special Provisions) Act of 1984.
However, before reaching that conclusion, the learned trial Judge had also held that the appellant had not validly retired from the Nigeria Police Force at the time he was dismissed.
It must be noted that during the hearing in that court several exhibits were tendered. Reference would therefore be made…