The facts of the case are simple and straight forward. They include the fact that Appellant was a Captain in the Nigerian Army haven been commissioned on the 19th day of December, 1980. In January, 1988 Appellant was posted to Artillery Division of the Army, the finance office therein, as the casher until the Division was disbanded in December 1989 resulting in the Appellant being posted to 15 Mechanized Brigade, Yola as the Brigade Finance Officer from January 1990.

The appellant was the chairman of Ougbo Local Government Council hereafter referred to as "the Council". In April 1993 some members of the council desirous of removing the appellant from office served on him a document dated 14th April 1993 Captioned "impeachment Notice" containing a catalogue of allegations of misconduct and abuse of office levelled against him.

On 28th April 1993 they passed a resolution that the allegations made against the appellant be investigated and addressed a letter to the secretary of the council Mr Samuel Chigbu, directing him to communicate the resolution to the Chief judge of Rivers State for him to set up a panel to investigate the allegations against the appellant.

After the appellant had sent in a reply to the allegations, he received a letter dated 22nd May 1993 signed by four councillors assuring him that the charges against him had been dropped.

As the appellant was not satisfied with the assurance he together with the secretary of the council filed an action against the council in the Bori High Court on 23rd July 1993 and on 26th July 1993 obtained an ex parte interim order to restrain the council from removing or suspending them from office pending the hearing and determination of the motion on notice slated for the 21st October 1993.

Meanwhile the Chief judge acting on a letter dated 26th May 1993 addressed to him by the council appointed a panel vide letter dated 6th August, 1993 pursuant to Section 11(5) of the Local Government (Basic Constitutional and Transitional Provisions) Act Cap 213, Laws of the Federation of Nigeria 1990 and directed the panel to submit its report to the council through him within one month.

The appellant by his counsel in a letter dated 11th August 1993 protested to the Chief judge imploring him to disband the panel. when there was no response from the Chief judge, the appellant commenced a fresh action in the Port Harcourt High Court and upon being granted leave to commence the action in an ex parte application, he proceeded to file an application on notice on 18th August 1993 seeking for orders restraining the respondents jointly and severally from removing, suspending or impeaching him from office and also asking for a declaration that all the steps already taken regarding his impeachment are null and void.

In support of the application the appellant deposed to a twelve paragraph affidavit with exhibits attached. There was also further affidavit deposed to by Samuel Chigbu, the Secretary of the council stating that he did not at any time inform the chief judge of any resolution of the council that the allegations against the appellant be investigated. None of the respondents, filed a counter-affidavit but at the hearing of the application in the High Court the respondent's counsel tendered some documents which were admitted without objection and marked as exhibits.

In a reserved ruling the learned trial Judge dismissed the application with N1,500 costs to the respondents.