The 1st respondent in this appeal was the Plaintiff in the Federal High Court, Jos Judicial Division in Suit No. FHC/J/CS/7/2007. He was a Judge of the High Court of Plateau State at all material times sitting in High Court No. 6.

Sometimes in 2006, the Governor of Plateau State, Chief Joshua Chibi Dariye was purportedly impeached and removed from office. Following the furore generated by the impeachment saga which also led to the removal of the Chief Judge, Hon. Justice Lazarus Dakyen (of blessed memory) and the appointment of the 1st respondent as Acting Chief Judge by the Governor the appellant (herein) pursuant to the powers vested in it under Paragraph 21 (d) of the Third Schedule of the Constitution of the Federal Republic of Nigeria 1999 (as amended), set up a sub-committee at its meeting of 5 December, 2006 to look into the impeachment saga, and inquire whether the judicial officers involved had misconducted themselves. At the end of the investigation, the National Judicial Council (NJC) found that the 1st respondent was guilty of misconduct.

It suspended him from office and subsequently recommended that he be compulsorily retired.

The Plaintiff (now 1st respondent) aggrieved by the decision to remove him from office as a Judge filed the suit before the Federal High Court challenging his suspension and removal from office. Pleadings were filed and exchanged.

The trial Judge delivered his judgement on 22 October, 2007 whereby he dismissed the Plaintiff's suit.

Being aggrieved by the decision of the trial Court, the Plaintiff filed an appeal via his notice of appeal dated 22 November, 2007. At the Court of Appeal, the appellant filed an application praying the Court amongst other things, for leave to raise and argue on appeal fresh issues which were not raised in his pleadings before the lower Court and to amend the Statement of Claim to reflect the fresh issues raised and to file and argue additional grounds of appeal (See pages 237-322 of the record). The two sets of respondents filed their counter-affidavits in opposition to the application. The application was argued.

On 13 July, 2011, the Court below delivered its ruling wherein it granted the applicant's requests to raise and argue fresh issue on appeal and also amend the statement of claim.

The 1st defendant/respondent being dissatisfied with the ruling obtained leave of the Supreme Court on 12 December, 2012 to appeal against the said ruling.