BARKA JCA (Delivering the Lead Judgment): This appeal is against the judgment of the Delta State High Court sitting in Asaba, delivered on 6 June 2012. In the said judgment, the appellant’s claims for declaratory reliefs against his dismissal, were dismissed.
The appellant was dissatisfied with the judgment. He filed two notices of appeal dated 3 July 2012, and 23 July 2012. The latter being the notice of appeal upon which the appellant now wishes to rely on. The facts giving rise to the present appeal narrated by the appellant in his brief of argument filed on 8 October 2012 reads as follows: The appellant was appointed by the respondent on 29 July 1997, as a Magistrate Grade II. On 16 February 2007, the appellant received a notice of a petition written against him by one Dr. Lawrence Omo-Aghoja (Petitioner), captioned “Magistrate E.O. Eferakorho Esq., is not fit and proper as a presiding officer over an honourable court - he exhibits traits of extreme corruption and gross incompete…