The Appellant herein was the Governor of Oyo State who was elected in the general election conducted on 19th April, 2003. He was sworn in as the Governor by taking his oath of allegiance and oath of office on 29th May, 2003. He was to serve in that office for a term of four years. However following a dispute between him and the House of Assembly of Oyo State, a faction of the members of the House purported to have impeached him in 2005, removing him from office and replacing him with his Deputy. The Appellant then challenged this impeachment in the High Court, the Court of Appeal and the Supreme Court where he was successful when the purported impeachment was declared unconstitutional, null and void, resulting in his reinstatement in the office which he was forced to vacate for 11 months. It was as the result of this judgment in his favour that the Appellant went before the Federal High Court Abuja and by his amended Originating Summons dated 29th March, 2007, urging the Court to determine-

"Whether having regard to the provision of Section 180 of the Constitution of the Federal Republic of Nigeria, 1999 (which relates to the tenure of office of a Governor of a State) and the judgment of the Supreme Court in suit No. SC/272/2006 nullifying the purported removal of the Plaintiff from office as Governor of Oyo State of Nigeria, the period of eleven months for which the Governor was illegally removed from office, forms part of the Plaintiff's four years term of office as Governor of Oyo State."

On the determination of this question, the Appellant as Plaintiff asked for the following reliefs: