UWAIFO, JSC (DELIVERING THE LEADING JUDGMENT): The respondent was the plaintiff in this case. At all material times to this suit, he was the Chief Executive Officer (Accounts) in the services of the appellant at the psychiatric Hospital, Uselu, Benin City. He was born on 15 December, 1942 and by the conditions of service would retire at the age of 60 years that would be on 15 December, 2002.
By a letter dated 22 July, 1987, the respondent was dismissed from the service by the appellant. He contested this in court and on 12 September, 1990, the dismissal was declared null and void. Following the terms of the judgment, the respondent was reinstated to his position in the service. But shortly after, about four months, the respondent was served with a letter dated 4 December, 1990 by the appellant, compulsorily retiring him from the service.
It was that notice of compulsory retirement which caused the respondent to go to court again to seek:
(1) a declaration that his compulsory retirement …