JUDGMENT 1. This claimant approached this Court via originating summons dated 29/9/ 2017 and filed 5/10/2017. The originating summons was accompanied by an affidavit and a written address in support thereof. 2. However on the 11/01/2018, when the matter came up for hearing the Court ordered that the case to be converted to a complaint and the matter would be dealt with in line with pleadings of parties. Claimant in compliance with the order of court made on 11/01/2018 filed his Statement of facts, witness statement on oath, list of witnesses, list of documents, and photocopies of documents to be relied on at trial date11/01/2018 and filed 17/01/2018. The Claimant filed his amended statement of facts with its accompanying processes dated 8/10/2018 and filed 22/11/2018. 3. The claimant vide this action is seeking for the following reliefs;- 1. An Order of the Honourable Court declaring that the claimant is entitle to his salaries and allowance from 20th day of October 1990 to February, 2016. 2. An Order of the Honourable Court declaring that the defendants have no power whatsoever to refuse or deny the claimants his 26 years’ salary arrears and allowances from 20th day of October, 1990 to February 2016. 3. A declaration that the defendants have no right to withhold salary arrears and allowances of the claimant from 20th day of October 1990 to February, 2016 upon his re-instatement to the force vis-à-vis the judgment of the Ikeja High Court and the letter of re-instatement from the Nigeria Police Force. 4. An Order of the Honourable Court directing the defendants to pay the Claimant the sum of N48,250.00 (Forty Eight Thousand Two Hundred and Fifty Naira) only per month from the month of October, 1990 to February 2016 being the last salary received by the Claimant from the 2nd Defendant in September, 2017. 5. An Order of the Honourable Court directing the defendants to pay the Claimant the total sum of N13,703,000.00 (Thirteen Million, Seven Hundred and Three Thousand Naira) only being the total salary arrears of the Claimant from October 1990 to February 2016 at monthly salary of N48, 250.00 (Forty Eight Thousand Two Hundred and Fifty Naira) forthwith. 6. The Order of this Honourable Court of 10% post judgment interest per annum from the date of the judgment until the entire judgment is liquidated. 7. An Order of this Honourable Court for the payment of N10,000,000 (Ten Million Naira) only as a general damages against the defendants for their wrongful act. 8. The N1, 000,000.00 cost of this action. 4. The 1st and 5th Defendants filed a notice of preliminary objection on the ground that the claimant had no cause of action against them. The court after hearing them, by an order made on the 15/07/2018 struck out the names of the Attorney General of the Federation and Federal Ministry of Interior who were the 1st and 5th defendants respectively in the suit. CASE OF THE CLAIMANT 5. The Claimant opened his case on 17/10/2019 wherein he testified as CW1. In the course of giving his evidence in chief, 6 documents were sought to be tendered in evidence. The documents were admitted into evidence and marked as exhibits CW1A1-5, CTC of Judgment of High Court of Lagos State in Suit LD/21544 BETWEEN Titus Azubuike V The IGP & 2 ors, CW1B1-2, the photocopy of letter of 16/2/16, titled Reinstatement of Rank and File F/NO: 141839 CPL Titus Azubuike, CW1C1-4, FCMB statement of account of Azubuike Titus, CW1D1-3, Letter of 27/4/17 addressed to the Inspector General of Police titled RE: Application against my non-payment of my twenty six (26) years salary arrears/compulsory retirement, CW1E, Letter of Appeal from Ministry of Justice dated 28/07/17, CW1F, Photocopy of letter from Legal Aid Council dated 27/7/17. The claimant also adopted his witness statement on Oath as his testimony before the Court in proof of his case. 6. From the statement of facts, witness statement on Oath and the oral testimony, the case of the Claimant was that he was enlisted into the Nigeria Police Force on the 1st day of February, 1984. However while serving at Port Authority Police Command, Marina Lagos, in 1990 he was dismissed on allegation of incivility to members of the public. 7. The claimant testified that he challenged his dismissal at the Lagos State High Court, Ikeja Judicial Division and the Court declared his dismissal unlawful and void as seen in exhibit CW1A1-5. He further testified that despite several correspondences to the Defendants they failed to reinstate him until 16th day of February 2016, when the past Inspector General of Police, Mr Solomon Arase saw the injustice and reinstated him with effect from 20th October 1990 and retired him with effect from 20th October, 2016, and he was however only paid salary from March 2016 to October 2016 as shown on exhibit CW1C1-4. He further stated that despite correspondences to the Defendants they have failed to pay him his arrears of salary and allowances from 20th October, 1990 to February, 2016. The Claimant testified that due to the non-payment of salaries and entitlements he has suffered unimaginable hardships. 8. The Claimant is praying the Court to grant his reliefs as stated on his complaint as it is only the Court of Law that can mandate the defendants to pay him his arrears of salary and allowances from 20th October, 1990 to February 2016 totalling 26years. 9. It is pertinent to state here that the defendants were afforded opportunity to defend this suit, but they failed and refused to take the opportunity. This is clear from the record of proceedings of the court. The Claimant testified on 26/11/18 and the matter was adjourned to 29/1/19 for cross examination and on 29/1/19 the defendant did not show up and the matter was adjourned to 18/3/19 and the defendant still were not in Court. The matter came up on the 13/5/19 and the defendants were still not in Court despite proof of service, the Claimant counsel therefore applied to the Honourable Court to foreclose the defendant and the Honourable court declared that the said application had merit considering all the opportunities and time availed the defendant for cross-examination, the Court ordered that the defendants were foreclosed from cross examining CW1. THE SUBMISSION OF THE CLAIMANT. 10. The claimant’s final written address was filed on 021/5/19. The counsel for the Claimant Chibuzor C. Ejike, Esq; adopted his written address on 06/11/2019 as his argument in the suit while praying the Court to grant all the reliefs. 11. Counsel submitted a sole issue for determination; ‘’WHETHER THE CLAIMANT HAS PROVED HIS CASE AND AS SUCH ENTITLE TO JUDGMENT OF THIS HONOURABLE COURT.’’ 12. The counsel for the claimant began his argument by submitting that the position of the law on contract of employment that is saddled with statutory flavour, is that remedies where termination thereof is wrongful, is re-instatement to the employee’s office with payment of arrears during the period of his purported dismissal. See CBN V IGWILLO (2007) NSCQR VOL 30 PAGE 660 @ 688. 13. Counsel submitted that considering exhibits CW1 A1-5, the CTC of the judgment of Ikeja High Court per Justice V.B.A Famakinwa and exhibit CW1 B1-2, the letter of reinstatement, the purported dismissal was null and void and of no effect, this presupposes that in the eye of the law the claimant was never dismissed, and also considering that the said judgment was never appealed by the Defendants, then he is entitled to the remedies sought. 14. Counsel submitted that it is the position of the law that evidence not challenged should be relied on if such evidence is adduced to establish a relevant fact. See SHINKAFI V ALHASSAN (2019) ALL FWLR (PART 983) PAGE 65 @ 77 para B where the Court of Appeal held thus ; “Where evidence given by a party is unchallenged or contradicted, a Court of law must accept it and act on it, unless it is palpably incredible. In the instant case, where the evidence led by the respondent in proof of its claims was not challenged or contradicted by the appellant, the trial court was rightly relied on same.” 15. Counsel urged the Court to grant claimant’s relief sought as prayed. COURT’S DECISION 16. I have carefully considered the claim of the claimant as contained in the statement of facts and all the processes filed in this suit. 17. The defendants despite having been served with the originating processes commencing this suit and hearing notices, decided not to respond to the claim of the claimant against them. The failure by the defendants to file defence to this suit does not translate to giving judgment in favour of the claimant. 18. From the reliefs claimed by the claimant, as per the amended statement of facts is for declaration that the claimant is entitle to his salaries and allowances from 20th day of October 1990 to February 2016, a declaration that the defendant have no power whatsoever to refuse or deny the claimants his 26 years’ salary arrears and allowances from 20th day of October 1990 to February 2016. A declaration that the defendants have no right to withhold salary arrears and allowances of the claimant from 20th October 1990 to February 2016 upon his reinstatement to the force vis-a-vis the judgment of the Ikeja High Court and the letter of reinstatement from the Nigeria Police Force., an order directing the defendants to pay the claimant the sum of N48,250.00 (Forty Eight Thousand Two Hundred and Fifty Thousand Naira), per month from the Month of October 1990 to February 2016 being the last salary received by the claimant from the 2nd defendant in September 2017, an order directing the defendants to pay the claimant the total sum of N13,703,000.00 being total salary arrears of the claimant from October 1990 to February 2016 at monthly salary of N48,250.00 forthwith, 10% post judgment interest per annum from the date of judgment until the entire judgment sum is liquidated, N10,000,000.00 general damages, N1,000,000.00 as cost of this action. 19. I must state that the claim for salaries and allowances of an employee are in law claims for special damages which must be specially claimed and proved strictly by cogent and credible evidence adduced by the person who claimed to be entitled to the special damages. The nature of proof depends on the circumstance of each case. See NNPC v. Clifco Nigeria Ltd  LPELR-2022(SC), OKUNZUA V AMOSU (1992) 6 NWLR (PT.248) 416 @ 432 –E-G, OSHINJIRI & ORS. V ELIAS & ORS (1970) 1 ALL NLR 151 AA@ 156, where it was held inter alia, that a person claiming special damages must established his entitlement to the particular type of damages by credible evidence of such a character as would suggest that he indeed is entitled to an award under the head, otherwise the general law of evidence to proof by preponderance or weight usual in civil cases operates. 20. The law is that a court cannot grant more than a claimant asks for. As the Supreme Court puts it in Gabriel Ativie v. Kabelmetal (Nig.) Ltd  LPELR-591(SC);  10 NWLR (Pt. 1095) 399;  5 - 6 SC (Pt. II) 47: ‘’A claim is circumscribed by the reliefs claimed. The duty of a Plaintiff therefore is to plead only such facts and materials as are necessary to sustain the reliefs and adduce evidence to prove same. He may, at the end of the day obtain all the reliefs claimed or less. He never gets more. Nor does he obtain reliefs not claimed. A court is therefore bound to grant only the reliefs claimed. It cannot grant reliefs not claimed.’’ 21. In labour relations, the burden is on the claimant who claims monetary sums to prove not only the entitlement to the sums, but how he/she came by the quantum of the sums; and proof of entitlement is often by reference to an instrument or document that grants it (Mr. Mohammed Dungus & ors v. ENL Consortium Ltd  60 NLLR (Pt. 208) 39), not the oral testimony of the claimant except if corroborated by some other credible evidence. 22. The claimant’s claim before the court is for the total sum of N13,703,000.00 only being the total salary arrears of claimant from October 1990 to February 2016 at Monthly Salary of N48,250.00 which was the last salary paid to claimant in September 2017. 23. The case of the claimant is that he was enlisted into the Nigeria Police Force in 1984 and he was wrongfully dismissed from service of the Nigeria Police Force in 1990. Upon his wrongful dismissal he approached an Ikeja High court to challenge the wrongful dismissal and the High Court declared his dismissal unlawful in SUIT NO. LD/2154/90 exhibit CWA1-5. That despite the judgment of the Ikeja High court the defendants refused to reinstate him back to the service until in 2016 as per exhibit CW1B1-2. Upon his reinstatement he wrote severally for the arrears of his salary but to no avail hence this suit. 24. In arguing in favour of grant of his claims before the court the claimant referred severally to decisions of the Ikeja High Court exhibit CWA1-5, letter of reinstatement exhibit CW1B1-2, FCMB statement of account exhibit CW1C1-4, letter of appeal dated 27/4/2017 written by the claimant to Inspector General of Police exhibit CD1D1-3, letter written to Inspector General of Police dated 27/7/17 by Legal Aid Council of Nigeria exhibit CW1F and exhibit CW1E response by the office of Attorney General of the Federation. 25. Now, the question to be answered is can the above exhibits being relied upon in proof of the special damages i.e arrears of salaries, capable of establishing the claim to entitle the claimant to grant of the claim. Exhibit CW1A1-5, is a judgment of High Court of Justice of Lagos State, Ikeja Judicial Division, wherein the claimant as plaintiff in that case sought the following reliefs:- 26. ‘’The Plaintiff’s claim is for declaration that: 1. That the purported dismissal of the plaintiff contain in a letter read to him on the 3rd day of October 1990, is void and of no effect whatsoever. 2. That the plaintiff is still in the employment of the Nigeria Police Force, notwithstanding the said letter. 3. Further or alternatively, a sum of N150,000.00 (One Hundred and Fifty Thousand Nara) being damages special and general for unlawful dismissal of the plaintiff.’’ 27. At the end of the trial the court in its judgment, declared the dismissal of the plaintiff contained in a letter read to him on the 3rd of October 1990, as null and void, of no effect unlawful whatsoever. But the court specifically refused to grant the claim for declaration that the plaintiff is still in the employment of the Nigeria Police force and refused to order reinstatement of the plaintiff back to the Nigerian Police Force. Instead, the court in its own wisdom granted the claimant’s alternative prayer by awarding the claimant damages in the sum of N100,000.00 for the wrongful dismissal from service. The court as well granted Cost of N1,500.00 (One Thousand Five Hundred Nara) only was awarded in favour of the plaintiff (Claimant in this suit). 28. It is my view that going by the grant of alternative prayer for damages as shown in exhibit CW1A1-5, the claimant has no any other claim to make in respect of his employment with the defendants. The of grant of damages for wrongful dismissal from service has foreclosed the claimant from making future claim against the defendant in so far as his employment with the defendant is concern. This grant has compensated the claimant for whatever damage he may have suffered, more particularly when the court refused to grant the prayer for reinstatement but awarded damages which was an alternative prayer. This position is strengthened by the fact that non-of the parties to exhibit CW1A1-5, has appealed against the decision of the High Court of Justice of Lagos State Ikeja Judicial Division. 29. Exhibit CW1A1-5, has clearly established that the court nullifies the dismissal of the claimant from service as null and void. But at the same time the court refused to reinstate the claimant and there was no appeal by either party to exhibit CW1A1-5. This exhibit is a proof that the claimant cannot make claim for salaries when he had been compensated for the wrongful dismissal from service. 30. Exhibit CW1B1-2, letter of reinstatement clearly shows that the claimant’s reinstatement was based on the appeal of the claimant and not based on the judgment of Ikeja High Court exhibit CW1A1-5, in fact the reinstatement cannot have any support from the judgment as the claim for reinstatement was totally rejected by the court. 31. In view of the foregoing, it is the finding of this court that the claimant has failed to prove his entitlement to salaries when he had been compensated as per exhibit CW1A1-5. The claimant’s suit lacks merit, is frivolous and vexatious same is hereby dismissed. 32. Judgment entered accordingly. Sanusi Kado, Judge. REPRESENTATION: Chibuzor C. Ezeike, Esq; for the claimant. No Legal Representation for the Defendants.