A. NNAMANI, JSC (Delivering the Leading Judgment): The appellant herein (plaintiff in the suit) commenced this action in the High Court of Bendel State, Benin City by a Writ of Summons filed on 27th November, 1980. The particulars of claim were as follows:-
"PARTICULARS OF CLAIM
1. At all material times until the 6th day of June, 1975 the plaintiff was an Administrative Officer, Principal Staff Grade, in the Bendel (then Mid-Western) State of Nigeria Civil Service.
2. On 7th June, 1975 the Plaintiff compulsorily retired from the Civil Service of Bendel (then Mid-Western) State of Nigeria on grounds of age, having on 6th June, 1975 attained the age of 55 years.
3. Nevertheless, one year later, by letters dated 21st July, 1976, the Defendants purported to dismiss the plaintiff from the Bendel State Civil Service contrary to the Public Officers (Special Provisions) Decree 1976. AND the Plaintiff claims-
(a) A declaration that the purported amendment of his retirement from the Civil Se…