Aroyame V. Governor Of Edo State & Anor (2022)

LAWGLOBAL HUB Lead Judgment Report

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. 

The appellant herein was employed as an Executive Officer in the defunct Bendel State Public Service Commission on 1st November 1971. He rose to the position of Auditor General (Local Government), Edo State with effect from 25th May 1998. The 1st respondent, pursuant to powers vested in him under Section 208 of the 1999 Constitution, removed him from office as Auditor-General with effect from 1st October 2000. The information was conveyed to him via a letter dated 28th September 2000, signed by the Secretary to the State Government. By a further letter dated 29th September 2000, he was retired from the Civil Service with effect from 30th September 2000. As at 30th September 2000, he was 53 years old. It was his contention that his retirement was unlawful as he had not reached the mandatory retirement age of 60 years.

He therefore filed an Originating Summons before the High Court of Edo State holden at Benin City on 3/4/2001 praying for the following reliefs:

​a) A Declaration that the Plaintiff is entitled to continue with his service in the Edo State Civil Service until he attains the age of 60 and the unilateral act of the 1st Defendant to abridge the Plaintiff’s service years is a violation of Section 4(1) of the Pensions Act Cap. 346 Laws of the Federal Republic of Nigeria, 1990 and therefor ultra vires, unconstitutional, null and void and of no effect whatsoever.

b) A Declaration that the 1st Defendants letter number TS.2/20 dated 29th September, 2000 titled Disengagement from Service and addressed to the plaintiff purportedly abridging the plaintiff’s service years without any cause whatsoever is ultra vires, unconstitutional, null and void and of no effect whatsoever.

c) An Order of this Honourable Court setting aside the said letter,

d) An Order of this Honourable Court reinstating the Plaintiff as the Auditor General, Local Government, Edo State until he attains the compulsory retirement age of 60 years.

e) An injunction restraining the 1st Defendant whether by himself, his agents, servants or workmen however from implementing in any manner whatsoever the aforementioned letter and interfering in any manner whatsoever with the Plaintiff’s career in the Edo State Civil Service without complying with the relevant laws of the Federal Republic of Nigeria.

The Originating Summons was supported by a 17-paragraph affidavit with 8 Exhibits attached thereto. The respondents entered appearance and filed a counter-affidavit in opposition to the Summons.

By an application dated 20th October, 2003, the respondents sought an order to set down a point of law for hearing. To facilitate the speedy hearing of the suit, it was agreed that the point of law would be taken along with the hearing of the Summons.

The point of law raised was that the suit was statute-barred/ the plaintiff having failed to comply with the provisions of the Public Officers Protection Law, Laws of Bendel State 1976, applicable in Edo State, which require an action against Public Officers to be commenced within 3 months from the date the cause of action accrued.

​The learned trial Judge, in a considered judgment delivered on 27/5/2004, found and held that the suit was indeed statute-barred and struck it out. The appellant was dissatisfied with the judgment and appealed to the Court below. In a unanimous judgment delivered on 29/3/2007, the Court found the appeal to be unmeritorious and accordingly dismissed it. The judgment of the trial Court was affirmed.

The appellant is still aggrieved and he has filed a final appeal before this Court. The Amended Notice of Appeal filed on 10/1/2022 but deemed filed on 11/1/2022 contains a single ground of appeal.

At the hearing of the appeal on 11/1/2022, K.O. OBAMOGIE ESQ., adopted and relied on the Appellant’s Amended Brief of Argument filed on 10/1/2022 in urging the Court to allow the appeal. Prof. F.O. OSADOLOR, Solicitor General and Permanent Secretary, Ministry of Justice, Edo State, adopted and relied on the Respondents’ brief filed on 30/6/2009 but deemed filed on 11/1/2022, in urging the Court to dismiss the appeal.