OKOROAFOR ALFRED C. V. MINISTER OF INTERNAL AFFAIRS NIGERIA PRISONS SERVICE, ABUJA CUSTOMS, IMMIGRATION AND PRISONS SERVICE BOARD CONTROLLER GENERAL OF PRISONS, NIGERIA PRISONS SERVICE, ABUJA THE CONTROLLER OF PRISONS, ENUGU STATE COMMAND, ENUGU

PATS-ACHOLONU, JCA (Delivering the Lead Judgment): The appellant had taken out a writ of summons against the defendants/ respondents in the court below claiming a declaration for wrongful termination of his appointment governed by civil service rules which he alleged the defendants failed to adhere to in terminating his appointment which he claimed was illegal and unconstitutional. Although pleadings were filed by both parties, the defendants did not lead any evidence whatsoever, and took no further part in the proceedings. Thereafter judgment was given in favour of the plaintiff in respect to only a part of the reliefs sought. The court below refused to make any order in respect to reliefs of reinstatement and payment of his entitlements on the ground that - the appellant could no longer fit in the scheme of the service having long been terminated, there had not been any strict proof of the special damages claimed.

The plaintiff not happy with the court’s decision appealed to this c…