TUKUR, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Port Harcourt Judicial Division in Appeal No. CA/PH/47/2009 delivered on 30th June 2010, against the appellant.
The summary of the facts that metamorphosed to this appeal is that the appellant acting on the belief that his salaries were being unlawfully withheld and that he was in danger of being sacked by the respondent without fair hearing following an incident of theft that occurred at the respondent’s premises while the appellant was on duty as a security guard with the respondent, brought an action before the High Court of Rivers State seeking the following:
a. A declaration that the defendant’s refusal to pay him his salaries and entitlements since September 1995 and his subsequent suspension from work by the defendant are illegal, unlawful and unconstitutional.
b. An order compelling the defendant to withdraw the said suspension and reinstate the plaintiff.
c. A declarati…