D. MUSDAPHER, J.S.C (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Port Harcourt Division in appeal No. CA/PH/159/2000 delivered on 28/5/2002 in which the court dismissed the appeal of the appellant herein against the ruling on a preliminary objection against the appellant's suit on the grounds of jurisdiction. The trial court upheld the preliminary objection.
The matter started this way: In the Federal High Court in the Port Harcourt Division and in suit No. FHC/PH/936/96, the appellant herein, as the plaintiff challenged his compulsory retirement from the services of Bayelsa State Government whereby in his writ he claimed as follows:-
"1. A declaration of this honourable court that the purported "Compulsory Retirement" of the plaintiff from the civil service of Bayelsa State in "public interest" without any prior query, indictment or known offence is null and void and of no effect whatsoever in that it contravenes the provisions of t…