LT. CDR F. J. EBOHON (RTD.) V. ATTORNEY GENERAL EDO STATE & ORS

MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment): This is a case stated by the National Industrial Court pursuant to Section 295 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) seeking for the opinion of this Court on question of law.

The lower Court appraised the nature of this case as a transferred matter from the High Court of Bendel State, Benin Judicial Division, sitting in Benin where the claimant had taken out against the defendants a writ of summons dated 5th September, 1989 in Suit No. B351/89 seeking for the following reliefs:

1. A declaration that he is entitled to be reinstated in the Edo State Civil Service.

2. A declaration that he is entitled to be paid his salary and allowances from the 1st of April, 1984 and also all the promotions and increments in emoluments that the claimant would have been entitled to base on salary grade level 16 being his salary grade level before being purportedly pruned from service.

3. An Order that the…