ROWLAND, J.C.A. (Delivering the Leading Judgment): This appeal is from a judgment of Idahosa, J. of the Edo State High Court holden in Benin in Suit No.B/159/89 given on 26th November, 1997.
The plaintiff in the court below claimed against the defendants in his amended statement of claim the following reliefs:-
(1) A declaration that the plaintiff's purported dismissal as a staff of the University of Benin Teaching Hospital in accordance with a letter of purported dismissal reference No. PS/2816/Vol.II/41 of 7th April, 1989, for an alleged criminal offence in which he was never charged to and tried by a Court of Law is unconstitutional, illegal, wrongful, null and void.
(2) An order of reinstatement of the plaintiff as stores officer with all its rights duties, privileges, remunerations, allowances and all other perquisites of the office with effect from 7th April, 1989.
(3) An order of perpetual injunction restraining the defendants, their servants and/or agents from preventing the …