OSUU S.C. ODUKO V. GOVERNMENT OF EBONYI STATE OF NIGERIA THE CIVIL SERVICE COMMISSION, EBONYI STATE CHIEF (DR.) I.E. ITUMA (FORMER CHAIRMAN, CIVIL SERVICE COMMISSION, EBONYI STATE) THE ATTORNEY-GENERALAND COMMISSIONER FOR JUSTICE, EBONYI STATE

ADEREMI JSC (Delivering the Lead Judgment): This is an appeal against the order of the Court of Appeal, Enugu Division (hereinafter referred to as the court below) for a retrial of the suit at the High Court, Ebonyi State A before another Judge. The judgment of the court below was delivered on 15 May 2003, sequel to an appeal against the ruling of the High Court of Justice in Abakaliki, Ebonyi State delivered on 6 June 2002, dismissing the suit of the plaintiff/appellant based on a preliminary objection taken against the jurisdiction of the trial court. Needless for me to say that by the ruling of 6 June 2002, the preliminary objection was sustained.

Briefly, the facts of the case are thus: the appellant, who was the plaintiff before the trial court had claimed against the respondents, who were the defendants before that court, the following reliefs:

“(1) A declaration that the third defendant’s letter with reference No. EBS/CSC/S.009/1/22 dated 5 May 1999 but delivered to the plainti…