Olawole Akinbode V. Chief Registrar (High Court of Oyo State of Nigeria) & Ors (2002)

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ONALAJA, J.C.A. 

The plaintiff now appellant in this judgment commenced the action that has resulted in this judgment at the Ilesa High Court of Osun State holden at ILESA with issuance of a writ of summons against the 1st, 2nd, 3rd and 4th defendants (now referred to in this judgment as 1st, 2nd, 3rd and 4th respondents) jointly and severally as follows in paragraph 37 of the statement of claim:-

The plaintiff therefore claims against the defendants jointly and severally the following reliefs:-

1(i) Declaration that the letter dated 28/3/88 from the Judicial Service Commission of Oyo State informing the plaintiff that he had been dismissed from the service of Oyo State Judicial Service from 25/3/88 is null and void as being retrospective and contrary to the OYO/OSUN STATES PUBLIC SERVICE REGULATIONS and the Constitution of the Federal Republic of Nigeria.

(ii) Declaration that the plaintiff being an indigene (sic indigine) of Osun State is still an officer in the judicial service of Osun State of Nigeria.

(iii) An order on the defendants that the plaintiff be paid all his salaries with all due increments from 25th day of March, 1988 to date in accordance with Osun State Public Service Regulation.

2.2. An order on the 4th defendant to reinstate the plaintiff into the Judicial Service of Osun State of Nigeria.

The writ was filed at the High Court Ilesa on 26th day of April, 1994.

I have relied on paragraph 37 of the statement of claim based on the accepted principle of law in our civil jurisprudence that the claims formulated in the statement of claim supercede the claims endorsed in the writ of summons. J. O. Lahan v. Chief Lajoyetan (1972) 1 All NLR (Pt. 2) 217,1972 6 SC 190; Ezekiel v. Wesminister Dredging Ltd. (2000) 9 NWLR (Pt. 672) 248 CA; Onyero v. Nwadike (1996) 9 NWLR (Pt. 471) 231 CA; Ndigwe v. Nwude (1999) 11 NWLR (Pt. 626) 314 SC.

After service of the writ of summons pleadings were filed, delivered and exchanged between the parties. Appellant filed a 37 paragraph statement of claim. The 3rd and 4th respondents jointly filed notice of preliminary objection that the action was statute barred and ought to be dismissed. In addition 3rd and 4th respondents jointly filed a six paragraph statement of defence.

The appellant averred in paragraph 33 of the statement of claim as follows:-

“33. The plaintiff avers that he had written about three letters of appeal for re-instatement because his dismissal from Oyo/Osun State Judicial Service was unconstitutional and wrongful. All his appeals were never considered.

The plaintiff shall rely on (i) letter of February, 1991 to then Military Governor of Oyo State. (ii) letter dated 12/12/91 to the Chief Judge of Oyo State and (iii) letter dated 27/12/91 to Chairman Oyo State Judicial Service Commission. Plaintiff also wrote to Osun State Judicial Service Commission. He will rely on letter dated 24/1/92 Ref. CROY/P.2309/236 from the Chief Registrar Ibadan; and letter dated 20/3/92 Ref. JSC/05/42/8 from Secretary Judicial Service Commission of Osun State. The plaintiff shall also rely on the letter dated 28/3/88 Ref. No.JSC/OY/C/7/136 which he received on 31/5/89.”

The 3rd and 4th respondents pleaded in paragraph 5 of the statement of defence thus:-