JIMI OLUKAYODE BADA, JCA (Delivering the leading Judgment): The Plaintiff before the lower court now 1st Respondent in this appeal commenced his claim against the Defendants now appellants by Originating Summons before the High Court of Anambra State on 30th day of October 2006 in Suit NO.0/599/2006 - Mr. Peter Obi v. Hon. Mike Balonwu and Others. Later on with the leave of court, the Plaintiff filed an amended Originating Summons and sought for the following declarations and reliefs:-
"(i) Declaration that by virtue of Section 188(2) of the 1999 Constitution of the Federal Republic of Nigeria the Plaintiff was entitled to be personally served with a notice of any allegation of Gross Misconduct against him within 7 days of the 1st Defendant's receipt of the Notice of allegation dated 16th October 2006.
(ii) Declaration that the failure to personally serve the Plaintiff with the Notice of allegation against him dated 16th October 2006 within a period of 7 days from 16th October 2006 vi…