MR. THEOPHILUS OMOYENI V. THE GOVERNOR OF EDO STATE ATTORNEY-GENERAL OF EDO STATE

MUNTAKA-COOMASSIE, JCA (Delivering the Lead Judgment): The appellant, herein was the plaintiff before the lower court when he instituted an action before the lower court by way of originating summons seeking for the following declaration:- “(a) A declaration that the 1st defendant has no powers whatsoever to remove the plaintiff from his office as the Auditor-General of Edo State and therefore the purported letter reference num ber TS. 2/21 d ated 28th September, 2000 titled disengagement from the Civil Service written on the instr uction o f th e 1s t defend an t to the p lain tiff is unconstitutional, ultra vires, null and void and of no effect whatsoever. An order of this Honourable Court directing the 1st defendant to rescind the aforementioned letter indicated at paragraph above. An injunction restraining the defendants whether by themselvestheir servants, agents or work men howsoever f ro m interfering in any manner whatsoever with the appointment of the plaintiff without comply…