Oko & Ors V. A.g., Ebonyi State (2021)

LAWGLOBAL HUB Lead Judgment Report

IBRAHIM MOHAMMED MUSA SAULAWA, J.S.C. 

The present appeal is consequent upon the judgment of the Court of Appeal, Enugu Judicial Division, delivered on July 15, 2015 in appeal No. CA/E/203/2013. By the said judgment the Court below, Coram M.A Oredola, T. S. Yakubu, and M. O. Bolaji- Yusuff, JJCA, dismissed the Appeal for lacking in merits.

BACKGROUND FACTS

The Appellants had the singular privilege of serving as the pioneer democratically elected councillors in the Ebonyi State Local Government system from 1999 to 2002. In the course of their tenure as councillors, the Appellants were duly paid their entitlement/allowances due thereto.

However, the Appellants were allegedly denied some entitlements for which they severally complained albeit after the expiration of the tenure thereof.

​As law abiding patriots, the Appellants deemed it expedient to hearken to the due process procedure under the rule of law by instituting the instant action at the Ebonyi State trial High Court on December 6, 2010 vide a writ of summons. By the 17 paragraphed statement of claim thereof, filed along with the writ, the Appellants sought against the Respondent the following reliefs:

WHEREFORE Plaintiffs claim against the Defendant as follows:

LEGISLATIVE LEADER

Domestic Staff N25, 353.12k Monthly by 36 Months N912,712.32K

Special Assistance N8,451.04k Monthly by 36 months N304, 237.44K

Personal Assistant N8, 451.04k Monthly by 36 Months N304,237.44K

Accommodation A. N405, 680.00k Yearly by 3 years N1, 217, 040.00K

Furniture A. For a Tenure of 3 years N1, 216, 950.00K

Constituency A. N20, 282. 50k yearly by 3 years N60,847.50K