The Governor Of Kwara State V. Jerome Oladele Dada (2011)

LAWGLOBAL HUB Lead Judgment Report

A. FABIYI, J.C.A.

This is an appeal against the judgment of the Court of Appeal, Ilorin Division (‘the court below’ for short) delivered on 28th October, 2004. Therein, the decision of the trial court declining jurisdiction was set aside on the ground that the dismissal of the respondent from the service of the 1st appellant was not done under the provisions of the Public Officers (Special Provisions) Act, Cap. 381, Laws of the Federation 1990. The court below felt that the jurisdiction of the trial High Court was not ousted by the provision of section 3(3) of the above stated Act.

The respondent, as plaintiff at the trial High Court, claimed against the appellants as defendants in paragraph 17 of the statement of claim thus:-

“17 WHEREOF the plaintiff claims against the defendants jointly and severally as follows:-

(i) A DECLARATION that the purported dismissal of the plaintiff from the service of the Kwara State Government vide a Letter Ref. No. S.04144/261 dated 28th June, 1996 emanating from the office of the 3rd defendant and purportedly written on behalf of the 1st defendant is illegal null and void and of no effect whatsoever.

(ii) AN ORDER setting aside the purported dismissal of the plaintiff from the service of the Kwara State Government as contained in the said letter of the defendants.

(iii) AN ORDER commanding the defendants to re-instate the plaintiff into the service of the Kwara State Government and pay him all the salaries, allowances and entitlements.

(iv ) AN ORDER OF INJUNCTION restraining all the defendants either by themselves, servants, privies, agents or through any person or persons howsoever from putting into effect and/or continuing to put into effect the letter of 28th June, 1996 particularly from treating the plaintiff as a dismissed public servant.”

It is apt to state the relevant background facts leading to this appeal briefly. The respondent, an employee of the 1st appellant had risen to the position of ‘Director of Lands’ as at 28th June, 1996 when he was served with a letter of dismissal from service – Exhibit 4. The dismissal was authorized by the Military Administrator of the State vide a letter personally signed by him as extant in Exhibit 20.

The appellants, at the trial court, objected to the court’s jurisdiction by virtue of the provisions of the Act. It appears that they were not happy with the manner in which the respondent processed an application of Kwara Animal Feeds Ltd, to Panat Company Ltd. for Deed of Assignment and alleged misconduct under the Civil Service Rules. There was also the issue relating to improper authentication of Certificate of Occupancy No.4357 by the respondent.

The learned trial judge was properly addressed by learned counsel to the parties on the point relating to the ouster of jurisdiction of the court. The issue was carefully considered and Adebara, J. concluded as follows:-

I therefore have no hesitation in holding that the provision of section 3 (3) of the Act properly and effectively ousts the jurisdiction of this court to entertain this suit and I so hold.”

The learned trial judge struck out the respondent’s claim and thereafter determined the merit of same. The respondent’s dismissal was found to be wrongful, illegal, null and void and of no effect whatsoever.

The respondent was not satisfied with the portion of the learned trial judge’s decision declining jurisdiction and striking out the case. He appealed to the court below on same