KATSINA-ALU, J.S.C. (Delivering the Leading Judgment): This is an appeal from a decision of the Court of Appeal Benin Division which overturned the decision of the trial High Court, Benin-City which had earlier held first that the removal of the Plaintiff as a Chief Magistrate was not covered by Decree 17 of 1984 which ousted the jurisdiction of the Court and secondly that the removal was unlawful.
The Plaintiff Michael A. Omo was a Chief Magistrate in the then Bendel State Judiciary. By a letter dated 21 March 1985 Exhibit "C" written by the 1st Defendant - Judicial Service Committee, it was stated that the Military Governor had approved the removal of the Plaintiff with immediate effect. He made fruitless efforts to get the decision to retire him rescinded and be reinstated. Subsequently he brought an action against the Judicial Service Committee and the Attorney-General of Bendel State claiming the following reliefs:
(a) A declaration that the plaintiff's purported retirement as pe…