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

AKPABIO, J.C.A.: (Delivering the Leading Judgment): This was an appeal against the judgment of Ikongbe, J. (as he then was) of the High Court of Benue State of Nigeria, holden at Makurdi, in suit No.MHC/86/94, delivered on 11th day of April, 1997, wherein he struck out the suit of the plaintiffs for wrongful retirement from civil service and defamation on ground that his jurisdiction was ousted by section 3(3) of Public Officers (special Provisions) Act, Cap. 381, Vol. XX1, Laws of the Federation of Nigeria, 1990, with no order as to costs.

The original claim of the appellants who were the Plaintiffs at the court below against the Respondents who were defendants was worded as follows:

"The Plaintiffs claim against the defendants jointly and severally as follows:-

(a) A declaration that their purported retirements conveyed in the letters No. S/MGO/BN/S/38/Vol.11/734 and S/MGO/BN/S/38/Vol.11/735, both dated 28th January, 1994, are premature, malafide, improper, unconstitutional, null …