THE MILITARY ADMINISTRATOR OF BENUE STATE & ORS. V. O.P. ULEGEDE, ESQ & ANOR.

AYOOLA, J.S.C. (Delivering the Leading Judgment): In the High Court of Benue State, O. P. Ulegede, Esq and A. U. Abah, Esq, respectively the first and second respondents in this appeal, who were legal practitioners employed at the material time, respectively, as Chief Legal Officer and Principal Legal Officer in the Ministry of Justice of the Benue State ("the State") sued the 8 appellants, the Military Administrator of the State and other agencies and functionaries of the State, claiming in the main, a declaration that their several "purported retirement" were "premature, malafide, improper, unconstitutional, null and void."; a declaration that the purported retirement of the respondents was not done or purported to be done under Decree No. 17 of 1984 or other law applicable to the contract of employment of the respondents; some consequential reliefs; and, certain sums of money which were alleged to have accrued and were due and payable to them.

Initially, the case came before Idoko…