JIMI OLUKAYODE BADA, J.C.A (Delivered the Leading Judgment): This is an interlocutory appeal against the Ruling of the Federal High Court, Abuja delivered on the 28th day of April, 2008 wherein the Court exercised its discretion and granted leave to the Respondent to amend his Originating Summons.
Briefly, the facts of the case are that the Respondent a Major-General In the Nigerian Army received a letter conveying the decision of the Army Council meeting held on 11th day of February 2008, and dated the 11th day of February 2008 from the Appellants who were members of the Army Council.
The letter conveyed the decision advising him to apply for voluntary retirement in line with the Harmonised Terms and Conditions of Service 2007 and his application thereto should reach the 2nd Appellant not later than 10th March 2008 so that the Army Council might not need to consider the Respondent for compulsory retirement.
The Respondent, dissatisfied with the decision of the Army Council appealed …