M. A. OWOADE, J.C.A. (Delivering the Leading Judgment) This is an appeal from the judgment of the Honourable Justice A. O. Ajakaiye sitting at the Federal High Court, Calabar Division delivered on the 21st day of October, 2004. The Respondent as Plaintiff brought an action against the Appellants herein as Defendants in the Calabar Division of the Federal High Court, vide an originating summons filed on the 2nd day of August, 1999 challenging his purported dismissal from service of the 1st Appellant by the appropriate authority prescribed under Decree No. 17 of 1984 (now Public Officers Special Provisions) Act Cap 381 LFN 1990 by virtue of a letter of dismissal dated 30th April, 1999.
The Appellants as Defendants filed a Notice of preliminary objection to the originating summons. The Plaintiff/Respondent subsequently filed a motion to amend the originating summons to which the Defendants filed a counter-affidavit. Leave to amend was given to the Plaintiff/Respondent and he did amend th…