UMOREN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Kakaan J. sitting at the High Court of Justice, Otukpo, Benue State in suit No.OHC/127/96 dated 11th December, 1996.
The plaintiff in the lower Court, now appellant in this court, took out an originating summons in that court, praying the court for the determination of the following issues:-
"(1) Whether arising from all the issues addressed in the Government white paper of June 21,1984, the Review position of Government and all other documents of Government and its agencies exhibited hereto, it is conclusive and evident that the plaintiff, Mr. John Agbaji Attah Ochoga was personally found culpable and punished for any wrong doings by the Government of Benue State in its various views and decisions on the Report of the Panel on the Operation of the Local Government Joint Account, 1980-1983.
(2) Whether the plaintiff/Mr. John Agbaji Attah Ochoga was found culpable or guilty of any Criminal Act(…