The appellant, Alhaji Abba Asheik, was the Director of personnel acting on grade level 15 with Magumeri Local Government of Borno State. He has all along been subject to the general control, in respect of promotion, transfer and discipline of the Borno State Local Service Commission until it was abolished by the president in his budget speech in January 1992. On 12th March, 1992 the appellant received a letter from the Director-General in the office of the Deputy Governor in which the appellant was transfer from magumeri to Maute Local Government. The following day i.e. 13th March, 1992, he received another letter from the said Director-General in which the earlier letter was withdrawn and the appellant was instead asked to report to the Director-General for another posting. The appellant was eventually transferred to the Borno State Environment Sanitation Board as an Assistant Director on Grade Level 14. The appellant was aggrieved by this transfer. He therefore sought and was granted leave to apply for judicial review of the actions of the respondent. In the substantive application, the appellant asked for the following reliefs: -

After considering the affidavit evidence adduced by both parties, the learned trial Judge, Adefila J. held:-

"In my view from those laws quoted, the Executive has the right to exercise powers over Local Government and their staff. Particularly in this case where the Local Governments Services Commission has been abolished, I think the respondents have the right to exercise the power of transfer and change of cadre of the applicant. I don't think it is ultra vires to do what they have done by transferring the applicant from one Local Government and making his grade from acting grade 15 to grade level 14. I think it would be frustrating the function of the Governor and the Local Government to say they can't do what they have done. We would all be standing still. I will reject the application. The prayers are all refused. The injunction granted when leave was granted is hereby rescinded.