Nwokedi V. Anambra State Govt & Anor (2022)

LAWGLOBAL HUB Lead Judgment Report

ABDU ABOKI, J.S.C. 

This appeal emanated from the judgment of the Court of Appeal, sitting at Enugu, delivered on the 6th of December, 2013.

The Appellant as Plaintiff took out a Writ of Summons seeking the following reliefs against the Respondents:

i. Declaration that the Plaintiff has complied with the provisions of the State Proceeding Law as well as the Local Government Law relating to service of notice which is the maximum legal requirement.

ii. N5.5 Million Naira being underpayment of Plaintiff’s salaries from June, 1999 to May, 2003.

iii. N1.14 Million Naira being Plaintiff’s entitlement for accommodation.

iv. N1.14 Million Naira being Plaintiff’s entitlement as furniture allowance.

v. N1.14 Million Naira being Plaintiff’s entitlement as severance gratuity.

v. An order directing the 1st Defendant to pay the Plaintiff the claimed sums from source, out of the State Joint Local Government Account, from the monies due to the 2nd Defendant from the said account.”

The story of the Appellant is that he was a Councillor duly elected in 1999 and served the 2nd Respondent until the termination of the tenure of his office in May, 2002. In the course of his service as Councillor, there arose controversies with respect to the proper remuneration payable to him. Eventually, the Appellant’s remuneration formed the subject matter of recommendation of the Federal Revenue Mobilization Allocation and Fiscal Commission, which fixed salaries of all Political Office Holders at all levels of Government and sent out circulars to that effect. Subsequently, the 1st Respondent, through the Anambra State House of Assembly, passed a law called (the Anambra State of Nigeria, Public Officers’ Salaries Law No. 7 of 2001), which codified the Circular of the Federal Revenue Mobilization, Allocation and Fiscal Commission. According to the Appellant, since the passing of the Law No. 7 of 2001, the Appellant, through their umbrella body; the Anambra State Councillors Forum (ASCOF) made several representations to the Respondents to pay him his salary, all to no avail.

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The Respondents denied the claims of the Appellant and posited that the Appellant’s claim is unconstitutional, being in breach of Sections 80(1) and 124 of the CFRN 1999, as amended.

At the conclusion of the trial, the learned trial judge in his judgment delivered on the 26th of April, 2006, dismissed the Appellant’s case and held that the Anambra State House of Assembly exceeded her powers when she enacted Law No. 7 of 2001, purporting to have charged salaries and emoluments of Councillors into the Consolidated Revenue Fund of the State.

Dissatisfied with the decision of the trial Court, the Appellant appealed to the Court below via a notice of appeal containing twelve Grounds of Appeal. The lower Court, in its judgment dismissed the appeal, and held as follows: