AKINTAN, J.C.A. (Delivering the Leading Judgment): This is an appeal from the judgment delivered by Aiwerioghene, J. on 11th February, 1994 at Benin High Court in suit No. B/313/89. The Appellant was the plaintiff while the 1st, 2nd and 3rd respondents were the original defendants. The 4th and 5th respondents were later joined as defendants. The plaintiff's claim, which was filed on 16th August, 1989, is as set out in paragraph 24 of the further amended statement of claim. It is as follows:
a declaration that his purported dismissal from the Civil Service of Bendel State on the Authority of letter No.G. 304/74 of 11th March, 1987, is unconstitutional, null and void;
(ii) a declaration that Secretary for Administration, Finance and Establishment is at all times material incompetent, alone or in conjunction with other members of staff of the Ministry qua tales, to convict plaintiff on a criminal charge particularly of fraud, more particularly as no charges were preferred against him an…