GBADEGBE JSC: On the 27th day of July 2007, the applicant by means of an originating notice of motion issued the process herein seeking among other reliefs “A declaration that that the respondents have breached the Armed Forces Act, 1962 (Act 105) and the Armed Forces Regulations by wrongfully releasing the applicant from active service” as well as certain consequential orders. It appears from the nature of the case put up by the applicant and in particular the mode by which the action was commenced that it was planked on the provisions of Article 33 of the 1992 Constitution. In fact in the body of the motion paper that originated the action herein it was boldly inscribed in the heading as follows:
“IN THE MATTER OF AN APPLICATION UNDER ARTICLE 33 OF THE 1992 CONSTITUTION AND ORDER 67 OF THE HIGH COURT (CIVIL PROCEDURE) RULES (CI 47)”.
Since the applicant based his action on Article 33 of the 1992 Constitution, it is important that the said provision of the 1992 Constitution on which he…