MUKHTAR JSC (Delivering the Lead Judgment): This is an appeal against the decision of the Court of Appeal, Lagos Division, which dismissed the appeal before it for lack of filing briefs of argument. In her amended statement of claim, the respondent in this appeal claimed the following reliefs jointly and severally against the appellants/defendants: “1. That by virtue of the Nigerian Legion Decree No. 37 of 1988 and the Regulations made thereunder, the plaintiff is the rightfulperson to be Commandant-General of the 2nd defendant and entitled to exercise the powers and functions thereof.
The merger of the office of Commandant-General, with that of the Chairman of the Council of the 2nd defendant and the purported exercise of the powers and functions of the two officesby the 1st defendant is unlawful, illegal, unconstitutional, nulland void. That the plaintiff is still a member and employee of the 2nd defendant entitled to her salaries and benefits per month from the 1 July 1991 till th…