JEAN OMOKRI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice Philomena Ekpe of the High court of Cross River State delivered on 19th day of December, 2005 in Suit No. C/450/99.
The appellant, Chief A. A. Nawa, instituted proceedings against the respondents, Attorney-General of Cross River State and 2 others, before the High Court sitting in Calabar, where he claimed:
"(1) A declaration that the purported malicious, vexatious and pre-mature retirement of the plaintiff from his substantive civil service career position as Permanent Secretary was done mala fides therefore ultra vires the powers of the defendants and not in accordance with any procedure permitted by law.
(2) An order re-instating the plaintiff to his substantive career position as Permanent Secretary in the Civil Service of the Cross River State."
The appellant testified for himself and tendered 6 Exhibits as PW1 but called no other witness. The respondents also called one …