Alhaji Aliyu Ibrahim V. Judicial Service Committee, Kaduna State & Anor. (1998)

LAWGLOBAL HUB Lead Judgment Report

IGUH, J.S.C.

The proceedings leading to this appeal were first initiated in the High Court of Justice of Kaduna State of the Federal Republic of Nigeria. holden at Kaduna on the 28th day of April, 1986. In that court, the appellant, as plaintiff, claimed against the respondents, then defendants, by way of an originating summons as follows:-

“1. A declaration that the purported retirement of the plaintiff as an Upper Area Court Judge in Kaduna State by the first defendant is invalid, null and void and of no effect.

2. A declaration that the retirement of the plaintiff as conveyed by the 1st defendant’s letter reference No. S. CAC/549/72 of 8th February, 1985 in so far as it purports to be in accordance with the provisions of the Public Officers (Special Provisions) Decree No. 17 of 1984 is illegal, null and void and of no effect.
3. An order restoring the plaintiff to his office and duty as an Upper Area Judge and to continue to so function until he reaches the retirement age or he elects to retire.
4. An order on the defendants to pay the plaintiff general damages in the sum of N50,000.00only.”

The originating summons was supported by an affidavit in which the plaintiff deposed that he was at all material times an Upper Area Court Judge at Kankia in Kaduna State and that he discharged his duties creditably and 10 the best of his ability. By a letter reference No. S. CAC/549/72 of the 8th February, 1985, the 1st defendant acting pursuant to the provisions of the Public Officers (Special Provisions) Decree No. 17of 1984 retired the plaintiff from the services of the Kaduna State judiciary with effect from the 8th day of February, 1985. The said letter reads as follows:-

“No. S. CAC/549/72,

Judicial Service Committee,

High Court of Justice,

Kaduna State,

Kaduna.

8th February. 1985.

Alhaji Aliyu Abba Ibrahim,

Upper Area Court Judge,

Upper Area Court,

Kankia.