MOORE ASEIMO ABRAHAM ADUMEIN, J.S.C. (Delivering the Leading Judgment): The respondent -Caleb Folorunsho- was the plaintiff in Suit No:
FHC/IL/CS/17/2003, which was instituted by way of an originating summons in the Federal High Court, holden at Ilorin.
In the said suit, the respondent sought for the determination of two questions as follows:
“Whether the decision of the 1st defendant in the letter of termination dated 10th January, 2002, where it is expressly stated that the plaintiff is not entitled to pension is not ultra vires the defendant, unconstitutional, illegal, null and void and of no effect whatsoever, having regard to the provisions of West African Examination Council Act Cap 468 Laws of Federation of Nigeria 1990, Pensions Act Cap 346 Laws of Federation of Nigeria 1990, the condition of service for National staff of the Council and the letter of appointment of the plaintiff.
Whether the plaintiff is entitled to payment of pension, having put in 14 years, 10 months and 5 days…